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10-23-2019 Board Meeting Complete Agenda Packet
GoJN SANITgT,/0 Q ? r c� o i H� THE ENS Orange County Sanitation District BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 - 6:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 ACCOMMODATIONS FOR THE DISABLED: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting. Please contact the Clerk of the Board's office at(714) 593-7433 to request the audio file. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433/ klore@ocsd.com at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg,jherberg@ocsd.com/(714)593-7300 Asst. General Manager: Lorenzo Tyner, Ityner@ocsd.com/ (714)593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsd.com/(714)593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsd.com/(714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsd.com/ (714)593-7365 Director of Environmental Services: Lan Wiborg, Iwiborg@ocsd.com/(714) 593-7450 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 CALL TO ORDER (Board Chairman David Shawver) INVOCATION AND PLEDGE OF ALLEGIANCE Steve Jones, City of Garden Grove ROLL CALL (Clerk of the Board) DECLARATION OF QUORUM PUBLIC COMMENTS: If you wish to address the Board of Directors on any item, please complete a Speaker's Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. SPECIAL PRESENTATIONS: Safety Poster Contest Participants (Celia Chandler) REPORTS: The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES 2019-588 RECOMMENDATION: Approve Minutes of the Special Meeting (Strategic Planning) of the Board of Directors held September 18, 2019 and the minutes of the Regular Meeting of the Board of Directors held September 25, 2019. Originator: Kelly Lore Attachments: Agenda Report 09-18-2019 Board Meeting Minutes 09-25-2019 Board Meeting Minutes Page 1 of 7 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 2. PROPOSED BOARD OF DIRECTORS & COMMITTEE MEETING 2019-695 DATES FOR CALENDAR YEAR 2020 RECOMMENDATION: Approve the calendar of meeting dates for the 2020 calendar year for the Board of Directors and the following Committees: Administration, Legislative and Public Affairs, Operations, and Steering. Originator: Kelly Lore Attachments: Agenda Report Draft 2020 Condensed Meeting Calendar RECEIVE AND FILE: 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH 2O19-578 OF SEPTEMBER 2019 RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of September 2019. Originator: Lorenzo Tyner Attachments: Agenda Report Investment Transactions for the Month of September 2019 4. COMMITTEE MEETING MINUTES 2019-589 RECOMMENDATION: Receive and file the following: A. Minutes of the GWRS Steering Committee Meeting held July 8, 2019 B. Minutes of the Steering Committee Meeting held August 28, 2019 C. Minutes of the Operations Committee Meeting held September 4, 2019 D. Minutes of the Legislative and Public Affairs Committee held September 9, 2019 E. Minutes of the Headquarters Complex Ad Hoc Committee Meeting held September 18, 2019 Originator: Kelly Lore Attachments: Agenda Report 07-08-2019 GWRS Steering Committee Meeting Minutes 08-28-2019 Steering Committee Minutes 09-04-2019 Operations Committee Minutes 09-09-2019 Legislative Committee Minutes 09-18-2019 HQ Complex Ad Hoc Committee Meeting Minutes Page 2 of 7 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 OPERATIONS COMMITTEE: 5. TUSTIN AVENUE MANHOLE AND PIPE REPAIR, PROJECT NO. 2019-669 FE17-06 GENERAL MANAGER RECOMMENDATION RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Tustin Avenue Manhole and Pipe Repair, Project No. FE17-06; B. Award a Construction Contract to Nuline Technologies, LLC for Tustin Avenue Manhole and Pipe Repair, Project No. FE17-06, for a total amount not to exceed $350,000; and C. Approve a contingency of $35,000 (10%). Originator: Kathy Millea Attachments: Agenda Report FE17-06 Construction Contract Legislative History 10/2/19 OPERATIONS COMMITTEE Recommended for Approval 6. MP-275/MP-276 CENTRAL GENERATION ENGINE OVERHAULS AT 2019-670 PLANT NOS. 1 AND 2 RECOMMENDATION: A. Award a service contract to UPS Midstream Services, Inc. to provide Central Generation Engine Overhauls at Plant Nos. 1 and 2 (for a total of two engines), Specification No. S-2019-107413D, for a total amount not to exceed $5,636,335; and B. Approve a contingency of $1,127,268 (20%). Originator: Rob Thompson Attachments: Agenda Report Service Contract Legislative History 10/2/19 OPERATIONS COMMITTEE Recommended for Approval Page 3 of 7 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 ADMINISTRATION COMMITTEE: None. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: 7. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2019-687 2019 RECOMMENDATION: Receive and file the Legislative Affairs Update for the month of September 2019. Originator: Jim Herberg Attachments: Agenda Report Federal Update - ENS Resources Federal Legislative Matrix - ENS Resources State Update - Townsend Public Affairs State Legislative Matrix - Townsend Public Affairs Grant Matrix 10-14-19 PowerPoint Item No. 3 - Federal Legislative Info. 10-14-19 PowerPoint Item No. 3 - State Legislative Info. Legislative History 10/14/19 LEGISLATIVE AND PUBLIC Recommended for Approval AFFAIRS COMMITTEE 8. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2019 2019-688 RECOMMENDATION: Receive and file the Public Affairs Update for the month of September 2019. Originator: Jim Herberg Attachments: Agenda Report Outreach Report September 2019 Media Clips September 2019 Legislative History 10/14/19 LEGISLATIVE AND PUBLIC Recommended for Approval AFFAIRS COMMITTEE 9. PUBLIC AFFAIRS YEAR-END REPORT 2019-689 RECOMMENDATION: Receive and file the Public Affairs Year-End Report for Fiscal Year 2018/19. Page 4 of 7 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 Originator: Jim Herberg Attachments: Agenda Report 2018-2019 Public Affairs Year End-Report - PowerPoint Presentation Public Affairs Project Book Legislative History 10/14/19 LEGISLATIVE AND PUBLIC Recommended for Approval AFFAIRS COMMITTEE STEERING COMMITTEE: 10. COOPERATIVE PROCUREMENT AGREEMENTS 2019-692 RECOMMENDATION: Authorize the purchasing of information technology products, services, and solutions utilizing Cooperative Procurement Agreements (CPA) from U.S. General Services Administration (GSA) IT Schedule 70, National Association of State Procurement Officials ValuePoint Cooperative Purchasing Organization, and OMNIA Partners, Public Sector (formerly U.S. Communities) for the period January 1, 2020 through December 31, 2020 for a total amount not to exceed $2,000,000, in accordance with Ordinance No. OCSD-52, Section 2.03(B) Cooperative Purchases, with two (2) one-year renewal options. Originator: Lorenzo Tyner Attachments: Agenda Report 11. CONTRACT SECURITY SERVICES 2019-693 RECOMMENDATION: A. Approve a Service Contract for Allied Universal to provide security services, Specification No. S-2019-107913D, for a total annual amount not to exceed $1,588,195 for a one-year period beginning December 1, 2019 through November 30, 2020, with up to four (4) one-year renewal options; and B. Approve an annual contingency of $158,819 (10%). Originator: Celia Chandler Attachments: Agenda Report Allied Universal Service Contract Page 5 of 7 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 NON-CONSENT: None. INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: This item allows Board members to provide a brief oral report regarding the disclosure of outside committees, conferences, training, seminars, etc. attended at the Agency's expense, per Government Code§53232.3(d). CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2019-694 LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Significant exposure to litigation: Claim of James Chavez Attachments: Agenda Report Memorandum of General Counsel CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2019-685 GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange, Case No. 30-2019-01100180-CU-WT-CJC. Page 6 of 7 BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, October 23, 2019 Attachments: Agenda Report Memorandum from General Counsel CS-3 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - 2019-690 GOVERNMENT CODE SECTION 54956.9(d)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Klean Waters, Inc. v. Orange County Sanitation District, United States District Court, Central District of California, Southern Division, Case No. 8:15-cv-00627. Attachments: Agenda Report Memorandum from General Counsel RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Board members may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the Board meeting until the Special Meeting of the Board of Directors (State of the District) at Mile Square Golf Course 10401 Warner Avenue, Fountain Valley, CA 92708 on Friday, October 25, 2019 at 8:00 a.m. Page 7 of 7 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-588 Agenda Date: 10/23/2019 Agenda Item No: 1. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Special Meeting (Strategic Planning) of the Board of Directors held September 18, 2019 and the minutes of the Regular Meeting of the Board of Directors held September 25, 2019. BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS • Resolution No. OCSD 18-12 ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Minutes of the Special Board of Directors meeting held September 18, 2019 • Minutes of the Board of Directors meeting held September 25, 2019 Orange County Sanitation District Page 1 of 1 Printed on 10/16/2019 powered by LegistarTM ORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS SEPTEMBER 18, 2019 Go�NI N S A N I Tq T�o2 Q c o -i THE Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes September 18, 2019 CALL TO ORDER A Special meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman David Shawver on September 18, 2019 at 5:01 p.m. in the Administration Building. Alternate Director John O'Neill delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: Present: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, Glenn Parker, Erik Peterson, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, John O'Neill (Alternate), Kim Nichols (Alternate), Patrick Harper (Alternate), Tom Beamish (Alternate) and Stacy Berry (Alternate) Absent: None ROLL CALL AND DECLARATION PUBLIC COMMENTS: None. NON-CONSENT: 1. STRATEGIC PLAN DEVELOPMENT 2019-567 Originator: Rob Thompson Staff provided input on five initiatives for the development of the Strategic Plan. The Board was asked to: Provide input to staff on the development of the Strategic Plan. Staff will provide the final Strategic Plan to the Board of Directors in November 2019. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. Page 1 of 2 BOARD OF DIRECTORS Minutes September 18, 2019 ADJOURNMENT: Board Chairman David Shawver adjourned the Special Board meeting until the Regular Meeting of the Board of Directors on September 25, 2019 at 7:05 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 2 of 2 ORANGE COUNTY SANITATION DISTRICT MINUTES BOARD OF DIRECTORS SEPTEMBER 25, 2019 Go�NI N S A N I Tq T�o2 Q c o -i THE Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 BOARD OF DIRECTORS Minutes September 25, 2019 CALL TO ORDER A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman David Shawver on September 25, 2019 at 6:01 p.m. in the Administration Building. Director Jesus J. Silva delivered the invocation and led the Pledge of Allegiance. ROLL CALL (Clerk of the Board) The Clerk of the Board declared a quorum present as follows: Present: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Phil Hawkins, Cecilia Iglesias, Steve Jones, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Steve Nagel, Andrew Nguyen, Tim Shaw, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Mariellen Yarc, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate), Brooke Jones (Alternate) and John O'Neill (Alternate) Absent: Mark Murphy, Glenn Parker and Erik Peterson STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Janine Aguilar, Jennifer Cabral, Rod Collins, Ron Coss, Raul Cueller, Mike Dorman, Dean Fisher, Jim Kavalec, Laurie Klinger, Laura Maravilla, Jeff Mohr, Riaz Moinuddin, Andrew Nau, Adam Nazaroff, Kelly Newell, Tyler Ramirez, Wally Ritchie, Merrill Seiler, Roya Sohanaki, and John Swindler. OTHERS PRESENT: Brad Hogin (General Counsel); Bob Ooten (Alternate Director, CMSD); and Minter Stallworth, Shimmick Construction. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: Director of Environmental Services provided a 30 year Employee Service Award to Merrill Seiler, Principal Environmental Specialist, Division 620. REPORTS: Board Chair Shawver announced that he and Operations Committee Chair Collacott would be attending the California Special District Association Conference in Anaheim on behalf of OCSD. Page 1 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 Chair Shawver stated that an invitation to OCSD's State of the District was included in the Director's blue books. He announced the event will be held on Friday, October 25 from 8 a.m. to 10 a.m. at the Mile Square Golf Course clubhouse in Fountain Valley and will host local, state, and federal dignitaries and provide an update on OCSD, our accomplishments, and the future direction of the agency. A form was distributed to the Directors to assist in extending invitations and the Directors were encouraged to fill out and return to the Clerk of the Board. General Manager Herberg announced that OCSD was honored by several national water sector organizations through the Utility of the Future Recognition Program at the Water Environment Federation's WEFTEC Conference in Chicago. He attended and accepted the award on behalf of the agency. He stated that this is the second time OCSD was recognized as a Utility of the Future. Mr. Herberg reported that the OCSD CIP Annual Report covering over 100 active Engineering projects this past fiscal year was distributed to the Directors and will be mailed to City/Agency Public Works Directors and Engineers in an effort to maintain continuous coordination and information sharing. Mr. Herberg reported that the Headquarters Ad Hoc Committee met Wednesday, September 18. He stated that the City of Fountain Valley provided a presentation and requested payment in lieu of lost property tax revenue on the parcels purchased for the Headquarters Building. Mr. Herberg stated the committee directed him to continue to work with the City Manager on a workable solution. In addition, staff presented an update on the project which is on schedule and on budget currently at the 60% design completion point. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2019-568 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Board of Directors held August 28, 2019. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None Page 2 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 RECEIVE AND FILE: 2. COMMITTEE MEETING MINUTES 2019-569 Originator: Kelly Lore WITHOUT OBJECTION, THE CHAIR DIRECTED STAFF TO: Receive and File the: A. Minutes of the Legislative and Public Affairs Committee held July 8, 2019 B. Minutes of the Operations Committee Meeting held July 10, 2019 C. Minutes of the Administration Committee Meeting held July 17, 2019 D. Minutes of the Steering Committee Meeting held July 24, 2019 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF 2019-577 AUGUST 2019 Originator: Lorenzo Tyner WITHOUT OBJECTION, THE CHAIR DIRECTED STAFF TO: Receive and File the: Report of the Investment Transactions for the month of August 2019. 4. STATUS OF EARLY LEASE TERMINATION NEGOTIATIONS 2019-594 Originator: Lorenzo Tyner WITHOUT OBJECTION, THE CHAIR DIRECTED STAFF TO: Receive and File the: Summary of Early Lease Termination Agreements. OPERATIONS COMMITTEE: 5. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2019-601 2, PROJECT NO. P2-123 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Construction Services Agreement with Spec Services, Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $252,329; and B. Approve a contingency of $25,233 (10%). Page 3 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 6. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2019-602 2, PROJECT NO. P2-123 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for Return Activated Sludge Piping Replacement at Plant No. 2, Project P2-123; B. Receive and file Orange County Sanitation District's Notice of Intent to Award dated August 8, 2019; C. Receive and file Award Protest from W.M. Lyles Co. dated August 13, 2019, concerning the award to Shimmick Construction Company; D. Receive and file response letter from Shimmick Construction Company dated August 20, 2019, regarding the bid protest of W.M. Lyles Co.; E. Receive and file Orange County Sanitation District's determination letter dated August 23, 2019, to W.M. Lyles Co. responding to Award Protest; F. Deny award protest filed by W.M. Lyles Co.; G. Award a Construction Contract to Shimmick Construction Company for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $6,042,111; and H. Approve a Construction Contract contingency of $604,211 (10%). Page 4 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 7. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2019-603 REPORT Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Capital Improvement Program Contract Performance Report for the period ending June 30, 2019. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 8. SUNFLOWER AND RED HILL INTERCEPTOR REPAIR, PROJECT NO. 2019-605 7-66 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Design Services Agreement with GHD Inc. to provide engineering services for Sunflower and Red Hill Interceptor Repair, Project No. 7-66, for an amount not to exceed $308,712; and B. Approve a contingency of $30,871 (10%). Page 5 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 9. PLANT NO. 2 EFFLUENT PUMP STATION ANNEX, VARIABLE 2019-606 FREQUENCY DRIVE MODERNIZATION, AND MANUFACTURER SERVICE AGREEMENT Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Sole Source Purchase Order to the Original Equipment Manufacturer, Siemens Industry, Inc., to modernize three Effluent Pump Station Annex (EPSA) Variable Frequency Drives (VFDs) for a fixed amount not to exceed $368,879, plus applicable tax and shipping; B. Approve Sole Source Purchase Order for SIEPRO® Technical Service Agreement with Siemens Industry, Inc. to perform annual preventative maintenance, for a three- year period, for an amount not to exceed $68,805, plus applicable tax and shipping; and C. Approve contingency funds of 20% for each contract, for a combined total not to exceed $87,537. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 10. ON-CALL PREVENTATIVE MAINTENANCE SERVICES FOR 2019-609 ELECTRICAL EQUIPMENT (MP-278) Originator: Rob Thompson Page 6 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Contract to provide on-call electrical maintenance services, Specification No. S-2019-1006BD-R, with Hampton Tedder Technical Services for a one-year period effective November 1, 2019 through October 31, 2020, for an amount not to exceed $1,657,950, and approve four, one-year renewal options; and B. Approve a contingency of $82,898 (5%). Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 11. BLANKET PURCHASE ORDER FOR ARC FLASH SUIT & GLOVE 2019-610 RENTAL PROGRAM FROM CINTAS CORPORATION Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Blanket Purchase Order with Cintas Corporation for 12 calorie per square centimeter rated daily wear uniform and 65 calorie per square centimeter rated Arc Flash Suit and Electrically Insulated Glove Lease Program per Cooperative Agreement Contract: R-BB-19002, for a total amount not to exceed $380,185 for a three-year contract term, plus one additional three-year renewal option; and B. Approve contingency of $19,000 (5%). Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None Page 7 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 ADMINISTRATION COMMITTEE: 12. 2019 ORANGE COUNTY REGIONAL WATER AND WASTEWATER 2019-613 HAZARD MITIGATION PLAN Originator: Celia Chandler MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 19-17 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District Approving and Adopting the 2019 Orange County Regional Water and Wastewater Hazard Mitigation Plan," in accordance with the Disaster Mitigation Act (DMA) of 2000. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 13. REIMBURSEMENTS TO BOARD MEMBERS AND STAFF 2019-611 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Receive and file report of reimbursements to Board Members and Staff per Government Code Section 53065.5 for the period July 1, 2018 through June 30, 2019. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE: Page 8 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 14. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND AUGUST 2019-604 2019 Originator: Jim Herberg WITHOUT OBJECTION, THE CHAIR DIRECTED STAFF TO: Receive and file the Public Affairs Update for the months of July and August 2019. 15. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY AND 2019-608 AUGUST 2019 Originator: Jim Herberg WITHOUT OBJECTION, THE CHAIR DIRECTED STAFF TO: Receive and file the Legislative Affairs Update for the months of July and August 2019. STEERING COMMITTEE: 16. GENERAL MANAGER'S FISCAL YEAR 2019-2020 WORK PLAN 2019-600 Originator: Jim Herberg MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the General Manager's Fiscal Year 2019-2020 Work Plan. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None 17. GENERAL MANAGER'S COMPENSATION AND BENEFITS 2019-612 Mr. Herberg left the meeting during the discussion and vote. Board Chair Shawver presented the item and information regarding the salary range adjustments and increases. MOVED, SECONDED, AND DULY CARRIED TO: Page 9 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 Adopt Resolution No. OCSD 19-12 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases and salary range adjustments for the General Manager for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the Board Chair to implement increases consisting of a 3% salary range adjustment and corresponding salary increase annually and up to a 2.5% merit increase annually based on job performance as determined by the Board of Directors commencing in the first pay period of July 2019 for Fiscal Year 2019/2020. Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate) and John O'Neill (Alternate) Noes: Cecilia Iglesias Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: Patrick Harper (Alternate) 18. EXECUTIVE MANAGEMENT TEAM COMPENSATION AND BENEFITS 2019-614 AND MANAGER GROUP COMPENSATION AND BENEFITS Originator: Celia Chandler MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 19-13 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for At-Will Executive Management Team employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the General Manager to implement increases consisting of a 3% salary range adjustment annually and corresponding salary increases and up to a 5% merit increase annually based on job performance as determined by the General Manager, not to exceed Step 5 of the corresponding salary range, commencing in the first pay period of July 2019 fo Fiscal Year 2019/2020. B. Adopt Resolution No. OCSD 19-14 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases, salary range adjustments, and a minor increase to 457(b) matching contributions for unrepresented management employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022", authorizing the General Manager to implement increases consisting of a 3% salary range adjustment annually and corresponding salary increases and up to a 5% merit increase annually based on job performance as determined by the General Manager, not to exceed Step 5 of the corresponding salary range, commencing in the first pay period of July 2019 fo Fiscal Year 2019/2020. Page 10 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate) and John O'Neill (Alternate) Noes: Cecilia Iglesias Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: Patrick Harper (Alternate) 19. CONFIDENTIAL EMPLOYEE GROUP COMPENSATION BENEFITS 2019-615 Originator: Celia Chandler MOVED, SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 19-15 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments and consideration to establish a Health Retirement Account for unrepresented exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". B. Adopt Resolution No. OCSD 19-16 entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving salary range adjustments, a minor increase in Development Pay, and consideration to establish a Health Retirement Account for unrepresented non-exempt confidential employees for Fiscal Year 2019/2020, Fiscal Year 2020/2021, and Fiscal Year 2021/2022". Ayes: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott, James Ferryman, Cecilia Iglesias, Peter Kim, Lucille Kring, Sandra Massa-Lavitt, Richard Murphy, Andrew Nguyen, David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad Wanke, John Withers, Tom Beamish (Alternate), Stacy Berry (Alternate), Patrick Harper (Alternate) and John O'Neill (Alternate) Noes: None Absent: Mark Murphy, Glenn Parker, Erik Peterson and Brooke Jones (Alternate) Abstentions: None Page 11 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 NON-CONSENT: 20. STRATEGIC PLAN DEVELOPMENT 2019-590 Originator: Rob Thompson Staff presented the final four initiatives for the development of the Strategic Plan. The Board was asked to: Provide input to staff on the development of the Strategic Plan. Staff will compile the input received from the Board of Directors on all 14 initiatives and provide a Final Strategic Plan at the Board of Directors Meeting in November. Alternate Director Brooke Jones arrived at the meeting at 6:52 p.m. during the presentation of the Strategic Plan. INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: Director Ferryman provided information regarding upcoming meetings of OCCOG and the CSDA Conference. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: At the request of Director Iglesias, the Clerk of the Board announced for the record that the Director's vote on Item No. 16 would be changed to a Yes. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. Page 12 of 13 BOARD OF DIRECTORS Minutes September 25, 2019 ADJOURNMENT: Chair Shawver adjourned the Board meeting until the Regular Meeting of the Board of Directors on October 23, 2019 at 6:00 p.m. Submitted by: Kelly A. Lore, MMC Clerk of the Board Page 13 of 13 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-695 Agenda Date: 10/23/2019 Agenda Item No: 2. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: PROPOSED BOARD OF DIRECTORS & COMMITTEE MEETING DATES FOR CALENDAR YEAR 2020 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve the calendar of meeting dates for the 2020 calendar year for the Board of Directors and the following Committees: Administration, Legislative and Public Affairs, Operations, and Steering. BACKGROUND According to Resolution No. OCSD 18-12 - Rules of Procedure for the Conduct of Business of the District, Section (1)(a), a regular monthly meeting of the Board of Directors of the Orange County Sanitation District (Sanitation District) will be held on the fourth Wednesday of every month at 6:00 p.m. The four standing committees also meet regularly as follows: • Operations Committee First Wednesday of every month at 5:00 p.m. • Legislative and Public Second Monday of various months and times Affairs Committee (see below) • Administration Committee Second Wednesday of every month at 5:00 p.m. • Steering Committee Fourth Wednesday of every month at 5:00 p.m. Staff is recommending the following dates for the 2020 calendar year. Should the need arise for a change in date or time, advance-notice will be given to the Board of Directors or Committee. Orange County Sanitation District Page 1 of 2 Printed on 10/16/2019 powered by LegistarTM File #: 2019-695 Agenda Date: 10/23/2019 Agenda Item No: 2. The recommended dates for the 2020 calendar year are: OPERATIONS LEGISLATIVE & PUBLIC ADMINISTRATION BOARD &STEERING COMMITTEE AFFAIRS COMMITTEE COMMITTEE COMMITTEE January DARK* January DARK* January DARK* January 22, 2020 February 5, 2020 February 10, 2020 February 19, 2020*** February 26, 2020 March 4, 2020 March 9, 2020 March 11, 2020 March 25, 2020 April 1, 2020 April 13, 2020**** April 8, 2020 April 22, 2020 May 6, 2020 May 11, 2020 May 13 2020 May 27, 2020 June 3, 2020 June DARK* June 10, 2020 June 24, 2020 July 1, 2020 July 13, 2020**** July 8, 2020 July 22, 2020 August DARK* August DARK* August DARK* August 26, 2020 September 2, 2020 September 14, 2020 September 9, 2020 September 23, 2020 October 7, 2020 October DARK* October 14, 2020 October 28, 2020 November 4, 2020 November 9, 2020 November 10, 2020** November 18, 2020*** December 2, 2020 December DARK* December 9, 2020 December 16, 2020*** *Committee is dark in this month. ** Meeting moved to second Tuesday due to Veterans Day(Observed). *** Meeting scheduled to take place the third Wednesday of the month due to a Holiday. **** Meeting begins at 3:30 p.m.for attendance at GWRS Steering Committee meeting following adjournment. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Draft 2020 Condensed Meeting Calendar Orange County Sanitation District Page 2 of 2 Printed on 10/16/2019 powered by LegistarTM ORANGE COUNTY SANITATION DISTRICT 2020 COMMITTEE/BOARD CALENDAR JANUARY `20 FEBRUARY `20 MARCH `20 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 7 5 6 7 8 9 10 11 2 3 4 5 6 7 8 8 9 10 11 12 13 14 12 13 14 15 16 17 18 9 10 11 12 13 14 15 15 16 17 18 19 20 21 19 20 21 23 24 25 16 17 18 19 20 21 22 22 23 1 24 26 27 28 26 27 28 29 30 31 23 24 25 27 28 29 29 30 31 APRIL `20 MAY `20 JUNE `20 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 23 24 25 17 18 19 20 21 22 23 21 22 23 25 26 27 26 27 28 29 30 24 25 26 28 29 30 28 29 30 31 JULY `20 AUGUST `20 SEPTEMBER `20 S M T W I T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 23 24 25 16 17 18 19 20 21 22 20 21 22 124 25 26 26 27 28 29 30 31 23 24 25 27 28 29 27 28 29 -T i i 30 31 i i I I OCTOBER `20 NOVEMBER `20 DECEMBER `20 S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 19 20 21 13 14 15 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 29 30 31 29 30 27 28 29 30 31 6FI - I 1 7-1 1 1 1 Steering/Board(Blue) Operations(Red) Administration(Green) OCSD Holidays(Yellow) H:\dept\gmo\120\BS\Calendars\2020 Condensed Calendar.dou Legislative&Public Affairs(Lt. Bl) oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-578 Agenda Date: 10/23/2019 Agenda Item No: 3. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF SEPTEMBER 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: Report of the Investment Transactions for the month of September 2019. BACKGROUND The CA Government Code requires that a monthly report of investment transactions be provided to the legislative body. Attached is the monthly report of investment transactions for the month ended September 30, 2019. RELEVANT STANDARDS • CA Government Code Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Report of the Investment Transactions for the Month of September 2019 Orange County Sanitation District Page 1 of 1 Printed on 10/16/2019 powered by LegistarTM U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss ACQUISITIONS 09/03/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 199,797.0500 1.000000 -199,797.05 199,797.05 0.00 09/04/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 14,244.3100 1.000000 -14,244.31 14,244.31 0.00 09/04/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 29,015.3700 1.000000 -29,015.37 29,015.37 0.00 09/05/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 29,375.0000 1.000000 -29,375.00 29,375.00 0.00 09/05/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 147,856.2500 1.000000 -147,856.25 147,856.25 0.00 09/09/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 168,750.0000 1.000000 -168,750.00 168,750.00 0.00 09/11/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,120,000.0000 1.000000 -2,120,000.00 2,120,000.00 0.00 09/11/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 24,380.0000 1.000000 -24,380.00 24,380.00 0.00 09/12/2019 78013XZU5 PURCHASED PAR VALUE OF ROYAL BANK OF MTN 2.550% 7/16/24/RBC CAPITAL 6,500,000.0000 1.012530 -6,581,445.00 6,581,445.00 0.00 MARKETS, LLC/6,500,000 PAR VALUE AT 101.253% 09/13/2019 3130A2UW4 PURCHASED PAR VALUE OF F H L B DEB 2.875% 9/13/24/MORGAN STANLEY& 2,500,000.0000 1.054380 -2,635,950.00 2,635,950.00 0.00 CO.LLC/2,500,000 PAR VALUE AT 105.438% 09/13/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 3,500,000.0000 1.000000 -3,500,000.00 3,500,000.00 0.00 09/13/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 33,783.7500 1.000000 -33,783.75 33,783.75 0.00 09/16/2019 46647PAUO PURCHASED PAR VALUE OF JPMORGAN CHASE CO 3.797% 7/23/24/RBC CAPITAL 2,500,000.0000 1.052870 -2,632,175.00 2,632,175.00 0.00 MARKETS, LLC/2,500,000 PAR VALUE AT 105.287% 09/16/2019 912796RY7 PURCHASED PAR VALUE OF U S TREASURY BILL 1/30/20/NOMURA 4,000,000.0000 0.992926 -3,971,704.44 3,971,704.44 0.00 SECURITIES INTERNATIONA/4,000,000 PAR VALUE AT 99.292611 % 09/16/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 61,307.6100 1.000000 -61,307.61 61,307.61 0.00 09/16/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 3,460,497.0400 1.000000 -3,460,497.04 3,460,497.04 0.00 09/18/2019 912796RY7 PURCHASED PAR VALUE OF U S TREASURY BILL 1/30/20/CITIGROUP GLOBAL 3,000,000.0000 0.992904 -2,978,710.75 2,978,710.75 0.00 MARKETS INC./3,000,000 PAR VALUE AT 99.29035833% 09/18/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 881,289.2500 1.000000 -881,289.25 881,289.25 0.00 09/18/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 17,500.0000 1.000000 -17,500.00 17,500.00 0.00 09/18/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 335,432.6300 1.000000 -335,432.63 335,432.63 0.00 09/20/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,714.6400 1.000000 -2,714.64 2,714.64 0.00 09/23/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 9,759.5800 1.000000 -9,759.58 9,759.58 0.00 09/24/2019 912828TR1 PURCHASED PAR VALUE OF U S TREASURY NT 1.000% 9/30/19/NOMURA 1,650,000.0000 0.999844 -1,649,742.19 1,649,742.19 0.00 SECURITIES INTERNATIONA/1,650,000 PAR VALUE AT 99.98437515% 09/25/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,500,000.0000 1.000000 -2,500,000.00 2,500,000.00 0.00 09/25/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 84,359.7400 1.000000 -84,359.74 84,359.74 0.00 09/25/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 4,617.5700 1.000000 -4,617.57 4,617.57 0.00 09/26/2019 912828F39 PURCHASED PAR VALUE OF U S TREASURY NT 1.750% 9/30/19/CITIGROUP 1,350,000.0000 0.999961 -1,349,947.27 1,349,947.27 0.00 GLOBAL MARKETS INC./1,350,000 PAR VALUE AT 99.99609407% 09/30/2019 912796VY2 PURCHASED PAR VALUE OF U S TREASURY BILL 10/08/19/WELLS FARGO 1,250,000.0000 0.999614 -1,249,517.42 1,249,517.42 0.00 SECURITIES,LLC/1,250,000 PAR VALUE AT 99.9613936% 1 of 8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/30/2019 912796VZ9 PURCHASED PAR VALUE OF U S TREASURY BILL 10/15/19/NOMURA 1,250,000.0000 0.999248 -1,249,059.90 1,249,059.90 0.00 SECURITIES INTERNATIONA/1,250,000 PAR VALUE AT 99.924792% 09/30/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 22,640,235.1800 1.000000 -22,640,235.18 22,640,235.18 0.00 09/30/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 6,172,625.0000 1.000000 -6,172,625.00 6,172,625.00 0.00 TOTAL ACQUISITIONS 66,437,539.9700 -66,735,791.94 66,735,791.94 0.00 DISPOSITIONS 09/03/2019 83162CLJO PAID DOWN PAR VALUE OF S B A GTD DEV PART 6.340% 3/01/21 -3,501.5000 0.000000 3,501.50 -3,501.50 0.00 09/11/2019 06406HCW7 MATURED PAR VALUE OF BANK OF NY MTN 2.300% 9/11/19 2,120,000 PAR VALUE -2,120,000.0000 1.000000 2,120,000.00 -2,142,175.20 -22,175.20 AT 100% 09/12/2019 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 8736.0000 UNITS 8,736.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/13/2019 21687BWD9 MATURED PAR VALUE OF COOPERATIEVE CENTRAL C P 9/13/19 2,000,000 PAR -2,000,000.0000 1.000000 1,957,864.44 -1,957,864.44 0.00 VALUE AT 100% 09/13/2019 96130ABJ6 MATURED PAR VALUE OF WESTPAC BIKING C D 2.970% 9/13/19 1,500,000 PAR -1,500,000.0000 1.000000 1,500,000.00 -1,500,000.00 0.00 VALUE AT 100% 09/16/2019 24422ESS9 MATURED PAR VALUE OF JOHN DEERE CAP MTN 2.300% 9/16/19 5,000,000 PAR -5,000,000.0000 1.000000 5,000,000.00 -5,046,984.00 -46,984.00 VALUE AT 100% 09/16/2019 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C#786064 4.677% 1/01/28 AUGUST FHLMC -10.2600 0.000000 10.26 -10.01 0.25 DUE 9/15/19 09/16/2019 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 4.016% 8/15/32 -426.1500 0.000000 426.15 -426.60 -0.45 09/16/2019 47788NADO PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.490% 5/15/23 -104,619.1400 0.061551 104,619.14 -102,886.39 1,732.75 09/16/2019 47788BAD6 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.820% 10/15/21 -33,250.3900 0.193666 33,250.39 -33,247.96 2.43 09/16/2019 47788CAB8 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2.420% 10/15/20 -132,838.5800 0.048476 132,838.58 -132,568.75 269.83 09/16/2019 65478VAD9 PAID DOWN PAR VALUE OF NISSAN AUTO 1.320% 1/15/21 -78,512.8800 0.082018 78,512.88 -77,884.16 628.72 09/16/2019 65478GAD2 PAID DOWN PAR VALUE OF NISSAN AUTO 1.750% 10/15/21 -184,963.4900 0.034815 184,963.49 -182,095.11 2,868.38 09/16/2019 89238BAB8 PAID DOWN PAR VALUE OF TOYOTA AUTO 2.100% 10/15/20 -338,320.6100 0.019034 338,320.61 -338,286.03 34.58 09/18/2019 69353RDZ8 FULL CALL PAR VALUE OF PNC BANK NA MTN 2.400% 10/18/19/CALLS/ -1,000,000.0000 1.000000 1,000,000.00 -999,000.00 1,000.00 09/18/2019 313384LW7 MATURED PAR VALUE OF F H L B DISC NTS 9/18/19 2,850,000 PAR VALUE AT -2,850,000.0000 1.000000 2,835,718.33 -2,835,718.33 0.00 100% 09/18/2019 43814RACO PAID DOWN PAR VALUE OF HONDA AUTO 1.210%12/18/20 -125,470.4900 0.000000 125,470.49 -124,093.26 1,377.23 09/18/2019 43814PAC4 PAID DOWN PAR VALUE OF HONDA AUTO 1.790% 9/20/21 -191,465.2700 0.000000 191,465.27 -188,428.75 3,036.52 09/20/2019 36225CAZ9 PAID DOWN PAR VALUE OF G N M A 1 I#080023 4.125% 12/20/26 AUGUST GNMA -168.0000 0.000000 168.00 -170.78 -2.78 DUE 9/20/19 09/20/2019 36225CC20 PAID DOWN PAR VALUE OF G N M A 1 I#080088 3.875% 6/20/27 AUGUST GNMA -172.1100 0.000000 172.11 -175.88 -3.77 DUE 9/20/19 09/20/2019 36225CNM4 PAID DOWN PAR VALUE OF G N M A 1 I#080395 3.875% 4/20/30 AUGUST GNMA -107.5000 0.000000 107.50 -106.53 0.97 DUE 9/20/19 2of8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/20/2019 36225CN28 PAID DOWN PAR VALUE OF G N M A 1 1#080408 3.875% 5/20/30 AUGUST GNMA -1,313.3300 0.000000 1,313.33 -1,299.99 13.34 DUE 9/20/19 09/20/2019 36225DCB8 PAID DOWN PAR VALUE OF G N M A 1 1#080965 3.750% 7/20/34 AUGUST GNMA -521.4100 0.000000 521.41 -521.08 0.33 DUE 9/20/19 09/24/2019 912796VW6 MATURED PAR VALUE OF U S TREASURY BILL 9/24/19 1,650,000 PAR VALUE -1,650,000.0000 1.000000 1,647,472.41 -1,647,472.41 0.00 AT 100% 09/25/2019 313384MD8 MATURED PAR VALUE OF F H L B DISC NTS 9/25/19 2,500,000 PAR VALUE AT -2,500,000.0000 1.000000 2,491,755.56 -2,491,755.56 0.00 100% 09/25/2019 03215PFN4 PAID DOWN PAR VALUE OF AMRESCO 3.08529% 6/25/29 -1,002.4000 0.000000 1,002.40 -752.74 249.66 09/25/2019 31398VJ98 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 4.251% 1/25/20 -49,947.5300 0.000000 49,947.53 -52,780.49 -2,832.96 09/25/2019 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 6.500% 9/25/43 -11,750.1900 0.000000 11,750.19 -13,307.09 -1,556.90 09/25/2019 31371NUC7 PAID DOWN PAR VALUE OF F N M A#257179 4.500% 4/01/28 AUGUST FNMA -152.2000 0.000000 152.20 -160.97 -8.77 DUE 9/25/19 09/25/2019 31376KT22 PAID DOWN PAR VALUE OF F N M A#357969 5.000% 9/01/35 AUGUST FNMA -1,514.2800 0.000000 1,514.28 -1,627.85 -113.57 DUE 9/25/19 09/25/2019 31381PDA3 PAID DOWN PAR VALUE OF F N M A#466397 3.400% 11/01/20 AUGUST FNMA -700.3700 0.000000 700.37 -685.21 15.16 DUE 9/25/19 09/25/2019 31403DJZ3 PAID DOWN PAR VALUE OF F N M A#745580 5.000% 6/01/36 AUGUST FNMA -1,592.2000 0.000000 1,592.20 -1,711.62 -119.42 DUE 9/25/19 09/25/2019 31403GXF4 PAID DOWN PAR VALUE OF F N M A#748678 5.000% 10/01/33 AUGUST FNMA -8.9400 0.000000 8.94 -9.61 -0.67 DUE 9/25/19 09/25/2019 31406PQY8 PAID DOWN PAR VALUE OF F N M A#815971 5.000% 3/01/35 AUGUST FNMA -2,093.3300 0.000000 2,093.33 -2,250.33 -157.00 DUE 9/25/19 09/25/2019 31406XWT5 PAID DOWN PAR VALUE OF F N M A#823358 4.722% 2/01/35 AUGUST FNMA -438.9600 0.000000 438.96 -435.53 3.43 DUE 9/25/19 09/25/2019 31407BXH7 PAID DOWN PAR VALUE OF F N M A#826080 5.000% 7/01/35 AUGUST FNMA -300.8600 0.000000 300.86 -323.42 -22.56 DUE 9/25/19 09/25/2019 31410F4V4 PAID DOWN PAR VALUE OF F N M A#888336 5.000% 7/01/36 AUGUST FNMA -3,923.7200 0.000000 3,923.72 -4,218.00 -294.28 DUE 9/25/19 09/25/2019 3138EG6F6 PAID DOWN PAR VALUE OF F N M A#AL0869 4.500% 6/01/29 AUGUST FNMA -166.2300 0.000000 166.23 -175.80 -9.57 DUE 9/25/19 09/25/2019 31417YAY3 PAID DOWN PAR VALUE OF F N M A#MA0022 4.500% 4/01/29 AUGUST FNMA -248.4500 0.000000 248.45 -262.76 -14.31 DUE 9/25/19 09/25/2019 31397QREO PAID DOWN PAR VALUE OFF N M A GTD REMIC 2.825% 2/25/41 -4,168.6800 1,910.816505 4,168.68 -4,167.38 1.30 09/26/2019 912828WUO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 9360.0000 UNITS 9,360.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/30/2019 89114MM20 MATURED PAR VALUE OF TORONTO DOMINION C D 2.470% 9/30/19 2,000,000 PAR -2,000,000.0000 1.000000 2,000,000.00 -2,000,066.62 -66.62 VALUE AT 100% 3of8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/30/2019 912828TR1 MATURED PAR VALUE OF U S TREASURY NT 1.000% 9/30/19 1,650,000 PAR -1,650,000.0000 1.000000 1,650,000.00 -1,649,742.19 257.81 VALUE AT 100% 09/30/2019 912828TR1 MATURED PAR VALUE OF U S TREASURY NT 1.000% 9/30/19 10,000,000 PAR -10,000,000.0000 1.000000 10,000,000.00 -9,937,500.00 62,500.00 VALUE AT 100% 09/30/2019 9128282X7 MATURED PAR VALUE OF U S TREASURY NT 1.375% 9/30/19 10,000,000 PAR -10,000,000.0000 1.000000 10,000,000.00 -9,962,500.00 37,500.00 VALUE AT 100% 09/30/2019 912828F39 MATURED PAR VALUE OF U S TREASURY NT 1.750% 9/30/19 1,350,000 PAR -1,350,000.0000 1.000000 1,350,000.00 -1,349,947.27 52.73 VALUE AT 100% 09/30/2019 912828F39 MATURED PAR VALUE OF U S TREASURY NT 1.750% 9/30/19 5,800,000 PAR -5,800,000.0000 1.000000 5,800,000.00 -5,873,186.87 -73,186.87 VALUE AT 100% TOTAL DISPOSITIONS -50,675,573.4500 50,626,480.19 -50,6629484.47 -36,004.28 OTHER TRANSACTIONS 09/03/2019 30231GAV4 INTEREST EARNED ON EXXON MOBIL 2.222% 3/01/21 $1 PV ON 3000000.0000 0.0000 0.000000 33,330.00 0.00 0.00 SHARES DUE 9/1/2019 09/03/2019 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 14,244.31 0.00 0.00 8/31/2019 INTEREST FROM 8/1/19 TO 8/31/19 09/03/2019 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 29,015.37 0.00 0.00 8/31/2019 INTEREST FROM 8/1/19 TO 8/31/19 09/03/2019 83162CLJO INTEREST EARNED ON S B A GTD DEV PART 6.340% 3/01/21 $1 PV ON 465.5500 0.0000 0.000000 465.55 0.00 0.00 SHARES DUE 9/1/2019$0.03170/PV ON 14,686.06 PV DUE 9/1/19 09/03/2019 9128281-24 INTEREST EARNED ON U S TREASURY NT 1.875% 8/31/22$1 PV ON 6000000.0000 0.0000 0.000000 56,250.00 0.00 0.00 SHARES DUE 8/31/2019 09/03/2019 912828W48 INTEREST EARNED ON U S TREASURY NT 2.125% 2/29/24$1 PV ON 0.0000 0.000000 106,250.00 0.00 0.00 10000000.0000 SHARES DUE 8/31/2019 09/05/2019 06051GHF9 INTEREST EARNED ON BANK OF AMERICA 3.550% 3/05/24$1 PV ON 6675000.0000 0.0000 0.000000 118,481.25 0.00 0.00 SHARES DUE 9/5/2019 09/05/2019 40428HPR7 INTEREST EARNED ON HSBC USA INC MTN 2.350% 3/05/20$1 PV ON 2500000.0000 0.0000 0.000000 29,375.00 0.00 0.00 SHARES DUE 9/5/2019 09/05/2019 40428HPR7 INTEREST EARNED ON HSBC USA INC MTN 2.350% 3/05/20$1 PV ON 2500000.0000 0.0000 0.000000 29,375.00 0.00 0.00 SHARES DUE 9/5/2019 09/09/2019 313383YJ4 INTEREST EARNED ON F H L B DEB 3.375% 9/08/23$1 PV ON 10000000.0000 0.0000 0.000000 168,750.00 0.00 0.00 SHARES DUE 9/8/2019 09/11/2019 06406HCW7 INTEREST EARNED ON BANK OF NY MTN 2.300% 9/11/19$1 PV ON 2120000.0000 0.0000 0.000000 24,380.00 0.00 0.00 SHARES DUE 9/11/2019 INTEREST ON 9/11/19 MATURITY 09/12/2019 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 8736.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/12/2019 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 8736.00 UNITS 0.0000 0.000000 0.00 8,736.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/12/2019 78013XZU5 PAID ACCRUED INTEREST ON PURCHASE OF ROYAL BANK OF MTN 2.550% 7/16/24 0.0000 0.000000 -25,783.33 0.00 0.00 4 of 8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/12/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -6,607,228.3300 1.000000 6,607,228.33 -6,607,228.33 0.00 09/12/2019 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 8736.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/13/2019 00440EAP2 INTEREST EARNED ON ACE INA HOLDINGS 2.700% 3/13/23$1 PV ON 2000000.0000 0.0000 0.000000 27,000.00 0.00 0.00 SHARES DUE 9/13/2019 09/13/2019 21687BWD9 INTEREST EARNED ON COOPERATIEVE CENTRAL C P 9/13/19$1 PV ON 0.0000 0.000000 42,135.56 0.00 0.00 2000000.0000 SHARES DUE 9/13/2019 2,000,000 PAR VALUE AT 100% 09/13/2019 96130ABJ6 INTEREST EARNED ON WESTPAC BIKING C D 2.970% 9/13/19$1 PV ON 0.0000 0.000000 33,783.75 0.00 0.00 1500000.0000 SHARES DUE 9/13/2019 INTEREST ON 9/13/19 MATURITY 09/13/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -2,608,950.0000 1.000000 2,608,950.00 -2,608,950.00 0.00 09/16/2019 02587AAJ3 INTEREST EARNED ON AMERICAN EXPRESS 1.930% 9/15/22$1 PV ON 10084.2400 0.0000 0.000000 10,084.24 0.00 0.00 SHARES DUE 9/15/2019$0.00161/PV ON 6,270,000.00 PV DUE 9/15/19 09/16/2019 084670BR8 INTEREST EARNED ON BERKSHIRE HATHAWAY 2.750% 3/15/23$1 PV ON 0.0000 0.000000 34,375.00 0.00 0.00 2500000.0000 SHARES DUE 9/15/2019 09/16/2019 31348SWZ3 INTEREST EARNED ON F H L M C#786064 4.677% 1/01/28$1 PV ON 7.2300 SHARES 0.0000 0.000000 7.23 0.00 0.00 DUE 9/15/2019 JULY FHLMC DUE 9/15/19 09/16/2019 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 4.016% 8/15/32$1 PV ON 27.9600 0.0000 0.000000 27.96 0.00 0.00 SHARES DUE 9/15/2019$0.00335/PV ON 8,354.65 PV DUE 9/15/19 09/16/2019 43815NABO INTEREST EARNED ON HONDA AUTO 1.900% 4/15/22$1 PV ON 3353.5000 0.0000 0.000000 3,353.50 0.00 0.00 SHARES DUE 9/15/2019$0.00095/PV ON 3,530,000.00 PV DUE 9/15/19 09/16/2019 4581XOCS5 INTEREST EARNED ON INTER AMER BK M T N 1.875% 3/15/21 $1 PV ON 0.0000 0.000000 46,875.00 0.00 0.00 5000000.0000 SHARES DUE 9/15/2019 09/16/2019 4581XOCZ9 INTEREST EARNED ON INTER AMER DEV BK 1.750% 9/14/22$1 PV ON 0.0000 0.000000 56,875.00 0.00 0.00 6500000.0000 SHARES DUE 9/14/2019 09/16/2019 24422ESS9 INTEREST EARNED ON JOHN DEERE CAP MTN 2.300% 9/16/19$1 PV ON 0.0000 0.000000 57,500.00 0.00 0.00 5000000.0000 SHARES DUE 9/16/2019 INTEREST ON 9/16/19 MATURITY 09/16/2019 47788NADO INTEREST EARNED ON JOHN DEERE OWNER 1.490% 5/15/23$1 PV ON 1376.1800 0.0000 0.000000 1,376.18 0.00 0.00 SHARES DUE 9/15/2019$0.00124/PV ON 1,108,332.07 PV DUE 9/15/19 09/16/2019 47788BAD6 INTEREST EARNED ON JOHN DEERE OWNER 1.820%10/15/21 $1 PV ON 719.8800 0.0000 0.000000 719.88 0.00 0.00 SHARES DUE 9/15/2019$0.00152/PV ON 474,644.17 PV DUE 9/15/19 09/16/2019 477870AB5 INTEREST EARNED ON JOHN DEERE OWNER 2.280% 5/16/22$1 PV ON 9044.0000 0.0000 0.000000 9,044.00 0.00 0.00 SHARES DUE 9/15/2019$0.00323/PV ON 2,800,000.00 PV DUE 9/15/19 09/16/2019 47788CAB8 INTEREST EARNED ON JOHN DEERE OWNER 2.420%10/15/20$1 PV ON 632.1200 0.0000 0.000000 632.12 0.00 0.00 SHARES DUE 9/15/2019$0.00202/PV ON 313,448.89 PV DUE 9/15/19 09/16/2019 47788CAC6 INTEREST EARNED ON JOHN DEERE OWNER 2.660% 4/18/22$1 PV ON 2970.3300 0.0000 0.000000 2,970.33 0.00 0.00 SHARES DUE 9/15/2019$0.00222/PV ON 1,340,000.00 PV DUE 9/15/19 09/16/2019 47789JAB2 INTEREST EARNED ON JOHN DEERE OWNER 2.850%12/15/21 $1 PV ON 7754.3800 0.0000 0.000000 7,754.38 0.00 0.00 SHARES DUE 9/15/2019$0.00238/PV ON 3,265,000.00 PV DUE 9/15/19 09/16/2019 47788EAC2 INTEREST EARNED ON JOHN DEERE OWNER 3.080%11/15/22$1 PV ON 0.0000 0.000000 11,883.67 0.00 0.00 11883.6700 SHARES DUE 9/15/2019$0.00257/PV ON 4,630,000.00 PV DUE 9/15/19 5of8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/16/2019 65478VAD9 INTEREST EARNED ON NISSAN AUTO 1.320% 1/15/21 $1 PV ON 363.6200 0.0000 0.000000 363.62 0.00 0.00 SHARES DUE 9/15/2019$0.00110/PV ON 330,562.90 PV DUE 9/15/19 09/16/2019 65478GAD2 INTEREST EARNED ON NISSAN AUTO 1.750% 10/15/21 $1 PV ON 3279.3100 0.0000 0.000000 3,279.31 0.00 0.00 SHARES DUE 9/15/2019$0.00146/PV ON 2,248,666.82 PV DUE 9/15/19 09/16/2019 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23$1 PV ON 9078.0000 0.0000 0.000000 9,078.00 0.00 0.00 SHARES DUE 9/15/2019$0.00255/PV ON 3,560,000.00 PV DUE 9/15/19 09/16/2019 68389XBKO INTEREST EARNED ON ORACLE CORP 1.900% 9/15/21 $1 PV ON 3000000.0000 0.0000 0.000000 28,500.00 0.00 0.00 SHARES DUE 9/15/2019 09/16/2019 89238BAB8 INTEREST EARNED ON TOYOTA AUTO 2.100% 10/15/20$1 PV ON 1788.4300 0.0000 0.000000 1,788.43 0.00 0.00 SHARES DUE 9/15/2019$0.00175/PV ON 1,021,960.05 PV DUE 9/15/19 09/16/2019 89239AAB9 INTEREST EARNED ON TOYOTA AUTO 2.830% 10/15/21 $1 PV ON 8525.3700 0.0000 0.000000 8,525.37 0.00 0.00 SHARES DUE 9/15/2019$0.00236/PV ON 3,615,000.00 PV DUE 9/15/19 09/16/2019 46647PAUO PAID ACCRUED INTEREST ON PURCHASE OF JPMORGAN CHASE CO 3.797% 0.0000 0.000000 -13,975.07 0.00 0.00 7/23/24 09/16/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -3,971,704.4400 1.000000 3,971,704.44 -3,971,704.44 0.00 09/18/2019 09247XAL5 INTEREST EARNED ON BLACKROCK INC 3.500% 3/18/24$1 PV ON 1000000.0000 0.0000 0.000000 17,500.00 0.00 0.00 SHARES DUE 9/18/2019 09/18/2019 313384LW7 INTEREST EARNED ON F H L B DISC NTS 9/18/19$1 PV ON 2850000.0000 0.0000 0.000000 14,281.67 0.00 0.00 SHARES DUE 9/18/2019 2,850,000 PAR VALUE AT 100% 09/18/2019 43814RACO INTEREST EARNED ON HONDA AUTO 1.210% 12/18/20$1 PV ON 694.9300 0.0000 0.000000 694.93 0.00 0.00 SHARES DUE 9/18/2019$0.00101/PV ON 689,190.43 PV DUE 9/18/19 09/18/2019 43814PAC4 INTEREST EARNED ON HONDA AUTO 1.790% 9/20/21 $1 PV ON 3440.8100 0.0000 0.000000 3,440.81 0.00 0.00 SHARES DUE 9/18/2019$0.00149/PV ON 2,306,690.87 PV DUE 9/18/19 09/18/2019 43814WAB1 INTEREST EARNED ON HONDA AUTO 2.750% 9/20/21 $1 PV ON 10071.8800 0.0000 0.000000 10,071.88 0.00 0.00 SHARES DUE 9/18/2019$0.00229/PV ON 4,395,000.00 PV DUE 9/18/19 09/18/2019 43814UAG4 INTEREST EARNED ON HONDA AUTO 3.010% 5/18/22$1 PV ON 4289.2500 0.0000 0.000000 4,289.25 0.00 0.00 SHARES DUE 9/18/2019$0.00251/PV ON 1,710,000.00 PV DUE 9/18/19 09/18/2019 69353RDZ8 INTEREST EARNED ON PNC BANK NA MTN 2.400% 10/18/19$1 PV ON 0.0000 0.000000 10,000.00 0.00 0.00 1000000.0000 SHARES DUE 9/18/2019 09/20/2019 36225CAZ9 INTEREST EARNED ON G N M A 1 I#080023 4.125% 12/20/26$1 PV ON 53.3400 0.0000 0.000000 53.34 0.00 0.00 SHARES DUE 9/20/2019 AUGUST GNMA DUE 9/20/19 09/20/2019 36225CC20 INTEREST EARNED ON G N M A 1 1#080088 3.875% 6/20/27$1 PV ON 49.3100 0.0000 0.000000 49.31 0.00 0.00 SHARES DUE 9/20/2019 AUGUST GNMA DUE 9/20/19 09/20/2019 36225CNM4 INTEREST EARNED ON G N M A 1 1#080395 3.875% 4/20/30$1 PV ON 21.4100 0.0000 0.000000 21.41 0.00 0.00 SHARES DUE 9/20/2019 AUGUST GNMA DUE 9/20/19 09/20/2019 36225CN28 INTEREST EARNED ON G N M A 1 1#080408 3.875% 5/20/30$1 PV ON 164.9100 0.0000 0.000000 164.91 0.00 0.00 SHARES DUE 9/20/2019 AUGUST GNMA DUE 9/20/19 09/20/2019 36225DCB8 INTEREST EARNED ON G N M A 1 1#080965 3.750% 7/20/34$1 PV ON 143.3200 0.0000 0.000000 143.32 0.00 0.00 SHARES DUE 9/20/2019 AUGUST GNMA DUE 9/20/19 6of8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/23/2019 43815HAC1 INTEREST EARNED ON HONDA AUTO 2.950% 8/22/22$1 PV ON 9759.5800 0.0000 0.000000 9,759.58 0.00 0.00 SHARES DUE 9/21/2019$0.00246/PV ON 3,970,000.00 PV DUE 9/21/19 09/24/2019 912796VW6 INTEREST EARNED ON U S TREASURY BILL 9/24/19$1 PV ON 1650000.0000 0.0000 0.000000 2,527.59 0.00 0.00 SHARES DUE 9/24/2019 1,650,000 PAR VALUE AT 100% 09/24/2019 912828TR1 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.000% 9/30/19 0.0000 0.000000 -7,979.51 0.00 0.00 09/24/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -7,721.7000 1.000000 7,721.70 -7,721.70 0.00 09/25/2019 03215PFN4 INTEREST EARNED ON AMRESCO 3.08529% 6/25/29$1 PV ON 319.1500 0.0000 0.000000 319.15 0.00 0.00 SHARES DUE 9/25/2019$0.00257/PV ON 124,130.25 PV DUE 9/25/19 09/25/2019 313384MD8 INTEREST EARNED ON F H L B DISC NTS 9/25/19$1 PV ON 2500000.0000 0.0000 0.000000 8,244.44 0.00 0.00 SHARES DUE 9/25/2019 2,500,000 PAR VALUE AT 100% 09/25/2019 31398VJ98 INTEREST EARNED ON F H L M C MLTCL MTG 4.251% 1/25/20$1 PV ON 2511.6400 0.0000 0.000000 2,511.64 0.00 0.00 SHARES DUE 9/25/2019$0.00354/PV ON 709,002.27 PV DUE 9/25/19 09/25/2019 31394JY35 INTEREST EARNED ON F H L M C MLTCL MTG 6.500% 9/25/43$1 PV ON 3783.7400 0.0000 0.000000 3,783.74 0.00 0.00 SHARES DUE 9/25/2019$0.00542/PV ON 698,535.87 PV DUE 9/25/19 09/25/2019 31371NUC7 INTEREST EARNED ON F N M A#257179 4.500% 4/01/28$1 PV ON 55.7600 SHARES 0.0000 0.000000 55.76 0.00 0.00 DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31376KT22 INTEREST EARNED ON F N M A#357969 5.000% 9/01/35$1 PV ON 418.3300 0.0000 0.000000 418.33 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31381PDA3 INTEREST EARNED ON F N M A#466397 3.400% 11/01/20$1 PV ON 989.7600 0.0000 0.000000 989.76 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31403DJZ3 INTEREST EARNED ON F N M A#745580 5.000% 6/01/36$1 PV ON 392.0900 0.0000 0.000000 392.09 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31403GXF4 INTEREST EARNED ON F N M A#748678 5.000% 10/01/33$1 PV ON 7.4600 SHARES 0.0000 0.000000 7.46 0.00 0.00 DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31406PQY8 INTEREST EARNED ON F N M A#815971 5.000% 3/01/35$1 PV ON 663.4800 0.0000 0.000000 663.48 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31406XWT5 INTEREST EARNED ON F N M A#823358 4.722% 2/01/35$1 PV ON 431.7000 0.0000 0.000000 431.70 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31407BXH7 INTEREST EARNED ON F N M A#826080 5.000% 7/01/35$1 PV ON 79.0800 SHARES 0.0000 0.000000 79.08 0.00 0.00 DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31410F4V4 INTEREST EARNED ON F N M A#888336 5.000% 7/01/36$1 PV ON 767.0300 0.0000 0.000000 767.03 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 3138EG6F6 INTEREST EARNED ON F N M A#AL0869 4.500% 6/01/29$1 PV ON 38.2900 0.0000 0.000000 38.29 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31417YAY3 INTEREST EARNED ON F N M A#MA0022 4.500% 4/01/29$1 PV ON 62.5700 0.0000 0.000000 62.57 0.00 0.00 SHARES DUE 9/25/2019 AUGUST FNMA DUE 9/25/19 09/25/2019 31397QREO INTEREST EARNED ON F N M A GTD REMIC 2.825% 2/25/41 $1 PV ON 448.8900 0.0000 0.000000 448.89 0.00 0.00 SHARES DUE 9/25/2019$0.00235/PV ON 190,664.36 PV DUE 9/25/19 09/26/2019 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 9360.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 7of8 U.S. Bank Transaction History September 2019 Entry Date CUSIP Id Explanation Units Price Net Cash Arnt Cost Gain/Loss 09/26/2019 912828WUO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 9360.00 UNITS 0.0000 0.000000 0.00 9,360.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/26/2019 912828F39 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.750% 9/30/19 0.0000 0.000000 -11,554.30 0.00 0.00 09/26/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -1,361,501.5700 1.000000 1,361,501.57 -1,361,501.57 0.00 09/26/2019 912828WUO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 9360.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 09/30/2019 CASH DISBURSEMENT PAID TO BANC OF CALIFORNIA OUTGOING DOMESTIC WIRE 0.0000 0.000000 -25,000,000.00 0.00 0.00 PER DIR DTD 9/26/19 09/30/2019 CASH DISBURSEMENT PAID TO BANC OF CALIFORNIA OUTGOING DOMESTIC WIRE 0.0000 0.000000 -15,000,000.00 0.00 0.00 PER DIR DTD 9/26/19 09/30/2019 89114MM20 INTEREST EARNED ON TORONTO DOMINION C D 2.470% 9/30/19$1 PV ON 0.0000 0.000000 17,015.56 0.00 0.00 2000000.0000 SHARES DUE 9/30/2019 INTEREST ON 9/30/19 MATURITY 09/30/2019 912828TR1 INTEREST EARNED ON U S TREASURY NT 1.000% 9/30/19$1 PV ON 0.0000 0.000000 58,250.00 0.00 0.00 11650000.0000 SHARES DUE 9/30/2019 09/30/2019 912828T34 INTEREST EARNED ON U S TREASURY NT 1.125% 9/30/21 $1 PV ON 7000000.0000 0.0000 0.000000 39,375.00 0.00 0.00 SHARES DUE 9/30/2019 09/30/2019 9128282X7 INTEREST EARNED ON U S TREASURY NT 1.375% 9/30/19$1 PV ON 0.0000 0.000000 68,750.00 0.00 0.00 10000000.0000 SHARES DUE 9/30/2019 09/30/2019 912828,176 INTEREST EARNED ON U S TREASURY NT 1.750% 3/31/22$1 PV ON 5000000.0000 0.0000 0.000000 43,750.00 0.00 0.00 SHARES DUE 9/30/2019 09/30/2019 912828F39 INTEREST EARNED ON U S TREASURY NT 1.750% 9/30/19$1 PV ON 1350000.0000 0.0000 0.000000 11,812.50 0.00 0.00 SHARES DUE 9/30/2019 09/30/2019 912828F39 INTEREST EARNED ON U S TREASURY NT 1.750% 9/30/19$1 PV ON 5800000.0000 0.0000 0.000000 50,750.00 0.00 0.00 SHARES DUE 9/30/2019 09/30/2019 9128281-57 INTEREST EARNED ON U S TREASURY NT 1.750% 9/30/22$1 PV ON 0.0000 0.000000 113,750.00 0.00 0.00 13000000.0000 SHARES DUE 9/30/2019 09/30/2019 9128284D9 INTEREST EARNED ON U S TREASURY NT 2.500% 3/31/23$1 PV ON 0.0000 0.000000 125,000.00 0.00 0.00 10000000.0000 SHARES DUE 9/30/2019 09/30/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -24,982,984.4400 1.000000 24,982,984.44 -24,982,984.44 0.00 09/30/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -15,000,000.0000 1.000000 15,000,000.00 -15,000,000.00 0.00 TOTAL OTHER TRANSACTIONS -54,540,090.4800 16,109,311.75 -54,521,994.48 0.00 8of8 oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-589 Agenda Date: 10/23/2019 Agenda Item No: 4. FROM: James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: COMMITTEE MEETING MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the following: A. Minutes of the GWRS Steering Committee Meeting held July 8, 2019 B. Minutes of the Steering Committee Meeting held August 28, 2019 C. Minutes of the Operations Committee Meeting held September 4, 2019 D. Minutes of the Legislative and Public Affairs Committee held September 9, 2019 E. Minutes of the Headquarters Complex Ad Hoc Committee Meeting held September 18, 2019 BACKGROUND In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting RELEVANT STANDARDS • Resolution No. OCSD 18-12 ADDITIONAL INFORMATION The minutes of the Committee meeting are approved at their respective Committees and brought forth to the Board of Directors for receive and file only. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Minutes of the Monthly Committee Meetings Orange County Sanitation District Page 1 of 1 Printed on 10/16/2019 powered by LegistarTM MINUTES OF THE MEETING GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE Monday, July 8, 2019 OCSD Director Shawver called the Groundwater Replenishment System Steering Committee meeting to order in the Boardroom at the District office. Following the Pledge of Allegiance to the flag, the Secretary called the roll and reported a quorum, Committee Members David Shawver Roger Yoh (absent) James Ferryman Cathy Green Tim Shaw Vicente Sarmiento (absent) Alternates Jesus Silva Phil Hawkins Erik Peterson Tri Ta Dina Nguyen (absent) Steve Sheldon (absent) OCWD Directors Bilodeau and Rowe were in attendance. OCWD Staff OCSD Staff Mike Markus, Gina Ayala Jim Herberg Mehul Patel, Sandy Scott-Roberts Kathy Millea Christina Fuller, Assistant District Secretary CONSENT CALENDAR The Consent Calendar was approved upon motion by Director Green, seconded by Director Shaw and carried [6-0] as follows. Yes—Shawver, Green, Shaw, Silva, Hawkins, Ta 1. Minutes of Previous Meeting The minutes of the GWRS Steering Committee meeting held April 8, 2019 are approved as presented. INFORMATIONAL ITEMS 2. GWRS Operations Update Executive Director of Operations/GWRS Mehul Patel reported that the average daily production for April through June 2019 was 88 mgd. He stated that as of June 30, 2019, the GWRS Fiscal Year to Date production total is 92,509-acre feet (af) which is 10,491 of below the target fiscal year production of 103,000 of for the 2018-2019 fiscal year. He reported that the shortfall was mainly due to limited production in August and September 2018 during re- lining of the GWRS pipeline as well as reduced flows from OCSD during the months of February to June 2019. 3. Update on GWRS Final Expansion GWRS Program Manager Sandy Scott-Roberts stated the design for Contract 2, the Pipeline Rehabilitation Project, is scheduled to be complete at the end of 2019. She advised that OCWD is currently out to bid with Contract 1 with an engineer's estimate of$189 million and a bid opening date of Tuesday, July 23 d. Ms. Scott- Roberts reviewed the project budget, schedule and upcoming completion dates. 4. Quarterly Outreach Report [April —June 20191 Mr. Patel stated the report and media clips are included in the packet and noted there were approximately 55 tours of the GWRS during the second quarter of 2019. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 5:30 p.m. OCSD re or David Shawver, Chair 2 Orange County Sanitation District vN�Y SANIr4, Wednesday, August 28, 2019 Minutes of the o° do 5:00 PM STEERING COMMITTEE = A Conference Room A Administration Building 10844 Ellis Avenue 9 Fountain Valley, CA 92708 Fpr/N� ENv\Q00 (714) 593-7433 THE CALL TO ORDER A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Wednesday, August 28, 2019 at 5:01 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: DECLARATION OF QUORUM: Present: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Absent: Peter Kim STAFF PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Marc Brown; Jennifer Cabral; Cliff Casanova; Rod Collins; Thys DeVries; Mike Dorman; Dean Fisher; Al Garcia; Ted Gerber; Mark Kawamoto; Laurie Klinger; Tina Knapp; Laura Maravilla; Andrew Nau; Wally Ritchie; Roya Sohanaki; and Thomas Vu. OTHERS PRESENT: Brad Hogin, General Counsel; Laura Kalty, Liebert Cassidy Whitmore, Special Counsel. PUBLIC COMMENTS: None. REPORTS: Chair Shawver and General Manager Jim Herberg did not provide reports. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2019-508 Originator: Kelly Lore Page 1 of 7 STEERING COMMITTEE Minutes August 28, 2019 MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Steering Committee held July 24, 2019. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Abstentions: None 2. AMENDMENT TO BIG CANYON COUNTRY CLUB EASEMENT 2019-496 Originator: Lorenzo Tyner MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to.- Approve the Amendment to Easement between Orange County Sanitation District and Big Canyon Country Club to adjust the Sanitation District's easement to correspond with the new sewer location within the Big Canyon Country Club in the City of Newport Beach. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Abstentions: None NON-CONSENT: 3. SETTLEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC 2019-497 Originator: Lan Wiborg Assistant General Manager Lorenzo Tyner provided background information on this item and answered questions from the Committee. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Authorize the General Manager to execute a Settlement Agreement to settle industrial wastewater discharge enforcement matters with Aseptic Technology, LLC, a facility that discharged without a valid Orange County Sanitation District permit, for $185,000 plus applicable fees and interest, in a form approved by General Counsel. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Page 2 of 7 STEERING COMMITTEE Minutes August 28, 2019 Absent: Peter Kim Abstentions: None 4. GENERAL MANAGER'S FISCAL YEAR 2019-20 DRAFT WORK PLAN 2019-498 Originator: Jim Herberg Mr. Herberg introduced this item and provided a brief background on the item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the General Manager's Fiscal Year 2019-2020 Draft Work Plan. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Abstentions: None 5. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE 2019-499 SUPERVISOR & PROFESSIONAL GROUPS Originator: Celia Chandler Special Legal Counsel Laura Kalty provided background information on this item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 19-08, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Supervisory and Professional Management Group, for Fiscal Years 2019/2020, 2020/2021 & 2021/2022; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the two (2) Supervisory and Professional Management Group bargaining units. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Abstentions: None 6. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE 2019-500 ORANGE COUNTY EMPLOYEES ASSOCIATION Page 3 of 7 STEERING COMMITTEE Minutes August 28, 2019 Originator: Celia Chandler Special Legal Counsel Laura Kalty provided background information on this item. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 19-09, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the Orange County Employees Association (OCEA), for Fiscal Years 2019/2020, 2020/2021 & 2021/2022; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the three (3) OCEA bargaining units. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Abstentions: None 7. SUCCESSOR MEMORANDUMS OF UNDERSTANDING FOR THE 2019-501 INTERNATIONAL UNION OF OPERATING ENGINEERS - LOCAL 501 Originator: Celia Chandler Special Legal Counsel Laura Kalty provided background information on this item and indicated there was a correction of note on a typo in Exhibit A in paygrade 66 that should read $45.21, not $45.12. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 19-10, entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District approving the Memoranda of Understanding between the Orange County Sanitation District and the International Union of Operating Engineers, Local 501, for Fiscal Years 2019/2020, 2020/2021 & 2021/2022; and B. Direct staff to finalize and sign the Memoranda of Understanding (MOUs) between Orange County Sanitation District and the Local 501 bargaining unit. Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Page 4 of 7 STEERING COMMITTEE Minutes August 28, 2019 Abstentions: None 8. ELIMINATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITY 2019-526 (UAAL) AND NET PENSION LIABILITY (NPL) WITHIN THE ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM Originator: Lorenzo Tyner Mr. Tyner provided background information on this item and answered questions from the Committee. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Direct staff to pay off the following amounts in the Orange County Sanitation District's defined pension plan administered by the Orange County Employees' Retirement System (OCERS) in an amount not to exceed $38 million: • Unfunded Actuarial Accrued Liability (UAAL) in the amount of $9 million for pension benefits • Net Pension Liability (NPL) in the amount of $29 million for deferred investment loss Ayes: David Shawver, John Withers, Robert Collacott, Chad Wanke, Glenn Parker and Tim Shaw Noes: None Absent: Peter Kim Abstentions: None INFORMATION ITEMS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54957(b)(1), 54957.6 & 54956.9(d)(4): The Committee convened in closed session at 5:29 p.m. to discuss four items. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED 2019-503 LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2) CONVENED IN CLOSED SESSION: Page 5 of 7 STEERING COMMITTEE Minutes August 28, 2019 Number of Potential Cases: 1 Significant exposure to litigation: Claim of Jose Cruz CS-2 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2019-504 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Unrepresented Employees: Confidential Group: Assistant Clerk of the Board; Clerk of the Board; Human Resources Analyst; Human Resources Assistant; Human Resources Supervisor; Principal HR Analyst; Secretary to the General Manager; and Senior Human Resources Analyst. CS-3 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2019-505 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner and Director of Human Resources Celia Chander. Unrepresented Employees: Managers Group: Administration Manager; Controller; Engineering Manager; Environmental Laboratory & Ocean Monitoring Manager; Human Resources & Risk Manager; IT Systems & Operations Manager; Maintenance Manager; Operations Manager; and Purchasing and Contracts Manager. CS-4 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT 2019-506 CODE SECTION 54957.6 CONVENED IN CLOSED SESSION: Agency Designated Representatives: General Manager James Herberg, Assistant General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler. Unrepresented Employees: Executive Managers Group: Assistant General Manager; Director of Engineering; Director of Environmental Services; and Director of Human Resources. The Committee reconvened in Open Session at 5:53 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. Page 6 of 7 STEERING COMMITTEE Minutes August 28, 2019 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 5:54 p.m. to the next Steering Committee meeting to be held on September 25, 2019 at 5:00 p.m. Sub fitted by: Kel A. o e, MMC CI rk of h Board Page 7 of 7 Orange County Sanitation District JNty SANiTgr�o Wednesday, September 4, 2019 Minutes of the °° �, mo 5:00 PM OPERATIONS COMMITTEE _ �1P Board Room Administration Building 10844 Ellis Avenue 9 Fountain Valley, CA 92708 o��cl/NG THE EN���'°�`r� (714) 593-7433 CALL TO ORDER A meeting of the Operations Committee was called to order by Committee Chair Bob Collacott on Wednesday, September 4, 2019 at 5:03 p.m. in the Administration Building. Director Tim Shaw led the Flag Salute. DECLARATION OF QUORUM: A quorum was declared present as follows: Present: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Jesus Silva, Fred Smith, David Shawver and John Withers Absent: Brad Avery, Doug Chaffee, Phil Hawkins and Sandra Massa-Lavitt STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Don Cutler; Mike Dorman; Dean Fisher; Al Garcia; Rich Leon; Cortney Light; Jeff Mohr; Riaz Moinuddin; Tyler Ramirez; Wally Ritchie; and Eros Yong. OTHERS PRESENT: Brad Hogin, General Counsel; Bob Ooten, Alternate Director, CMSD; and Austin Mejia, Supervisor Chaffee's office. PUBLIC COMMENTS: None. REPORTS: A report was not provided by the General Manager or the Committee Chair. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2019-511 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Page 1 of 7 OPERATIONS COMMITTEE Minutes September 4, 2019 Approve Minutes of the Special Meeting of the Operations Committee held July 10, 2019. Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins, Sandra Massa-Lavitt and Jesus Silva Abstentions: None 2. QUARTERLY ODOR COMPLAINT REPORT 2019-507 Originator: Rob Thompson ACTION TAKEN TO: Receive and file the Fiscal Year 2018/19 Fourth Quarter Odor Complaint Report. Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins, Sandra Massa-Lavitt and Jesus Silva Abstentions: None 3. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2019-519 REPORT Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Capital Improvement Program Contract Performance Report for the period ending June 30, 2019. Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins, Sandra Massa-Lavitt and Jesus Silva Abstentions: None 4. SUNFLOWER AND RED HILL INTERCEPTOR REPAIR, PROJECT 2019-520 NO. 7-66 Originator: Kathy Millea MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 2of7 OPERATIONS COMMITTEE Minutes September 4,2019 A. Approve a Professional Design Services Agreement with GHD Inc. to provide engineering services for Sunflower and Red Hill Interceptor Repair, Project No. 7-66, for an amount not to exceed $308,712; and B. Approve a contingency of$30,871 (10%). Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins, Sandra Massa-Lavitt and Jesus Silva Abstentions: None S. BLANKET PURCHASE ORDER FOR ARC FLASH SUIT & GLOVE 2019-534 RENTAL PROGRAM FROM CINTAS CORPORATION Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve Blanket Purchase Order with Cintas Corporation for 12 calorie per square centimeter rated daily wear uniform and 65 calorie per square centimeter rated Arc Flash Suit and Electrically Insulated Glove Lease Program per Cooperative Agreement Contract: R-BB-19002, for a total amount not to exceed $380,185 for a three-year contract term, plus one additional three-year renewal option; and B. Approve contingency of $19,000 (5%). Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins, Sandra Massa-Lavitt and Jesus Silva Abstentions: None 6. ON-CALL PREVENTATIVE MAINTENANCE SERVICES FOR 2019-530 ELECTRICAL EQUIPMENT (MP-278) Originator: Rob Thompson MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 3 of 7 OPERATIONS COMMITTEE Minutes September 4, 2019 A. Approve a Contract to provide on-call electrical maintenance services, Specification No. S-2019-1006BD-R, with Hampton Tedder Technical Services for a one-year period effective November 1, 2019 through October 31, 2020, for an amount not to exceed $1,657,950, and approve four, one-year renewal options; and B. Approve a contingency of$82,898 (5%). Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins, Sandra Massa-Lavitt and Jesus Silva Abstentions: None Director Silva arrived at the meeting at 5:11 p.m. NON-CONSENT: 7. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT 2019-512 NO. 2, PROJECT NO. P2-123 Originator: Kathy Millea MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Construction Services Agreement with Spec Services, Inc. to provide construction support services for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $252,329; and B. Approve a contingency of$25,233 (10%). Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Jesus Silva, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins and Sandra Massa-Lavitt Abstentions: None 8. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT 2019-514 NO. 2, PROJECT NO. P2-123 Originator: Kathy Millea Page 4 of 7 OPERATIONS COMMITTEE Minutes September 4,2019 MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for Return Activated Sludge Piping Replacement at Plant No. 2, Project P2-123; B. Receive and file Orange County Sanitation District's Notice of Intent to Award dated August 8, 2019; C. Receive and file Award Protest from W.M. Lyles Co. dated August 13, 2019, concerning the award to Shimmick Construction Company; D. Receive and file response letter from Shimmick Construction Company dated August 20, 2019, regarding the bid protest of W.M. Lyles Co.; E. Receive and file Orange County Sanitation District's determination letter dated August 23, 2019, to W.M. Lyles Co. responding to Award Protest; F. Deny award protest filed by W.M. Lyles Co.; G. Award a Construction Contract to Shimmick Construction Company for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, for a total amount not to exceed $6,042,111; and H. Approve a Construction Contract contingency of$604,211 (10%). Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Jesus Silva, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins and Sandra Massa-Lavitt Abstentions: None 9. PLANT NO. 2 EFFLUENT PUMP STATION ANNEX, VARIABLE 2019-529 FREQUENCY DRIVE MODERNIZATION, AND MANUFACTURER SERVICE AGREEMENT Originator: Rob Thompson MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of Directors to: Page 5 of 7 OPERATIONS COMMITTEE Minutes September 4,2019 A. Approve Sole Source Purchase Order to the Original Equipment Manufacturer, Siemens Industry, Inc., to modernize three Effluent Pump Station Annex (EPSA) Variable Frequency Drives (VFDs) for a fixed amount not to exceed $368,879, plus applicable tax and shipping; B. Approve Sole Source Purchase Order for SIEPROO Technical Service Agreement with Siemens Industry, Inc. to perform annual preventative maintenance, for a three-year period, for an amount not to exceed $68,805, plus applicable tax and shipping; and C. Approve contingency funds of 20% for each contract, for a combined total not to exceed $87,537. Ayes: Robert Collacott, Mariellen Yarc, Allan Bernstein, Steve Jones, Lucille Kring, Tim Shaw, Jesus Silva, Fred Smith, David Shawver and John Withers Noes: None Absent: Brad Avery, Doug Chaffee, Phil Hawkins and Sandra Massa-Lavitt Abstentions: None Director Shaw departed the meeting at 5:40 p.m. INFORMATION ITEMS: 10. PROCESS CONTROL SYSTEMS UPGRADES STUDY, PROJECT NO. 2019-518 SP-196 Originator: Kathy Millea Received and filed the information item. Information Only. Director Jones departed the meeting at 5:53 p.m. DEPARTMENT HEAD REPORTS: The Director of Engineering reported that, at the request of committee Chair Collacott, two proposed changes were added to the Strategic Plan: feasibility of on-site anaerobic digestion for green waste + food waste and the expansion of the GWRS to include mining for brackish water in shallow acquifers. Page 6of7 OPERATIONS COMMITTEE Minutes September 4, 2019 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Collacott declared the meeting adjourned at 5:57 p.m. to the meeting to be held on Wednesday, October 2, 2019 at 5:00 p.m. Submitted by: AA-�— Kelly A. re, MMC Cl4rk o e Board Page 7 of 7 Orange County Sanitation District °�� SANITgT�o Monday, September 9, 2019 Minutes of the o° "0 12:00 PM LEGISLATIVE AND PUBLIC = �9 Board Room AFFAIRS COMMITTEE o Administration Building 10844 Ellis Avenue 9 Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, September 9, 2019 at 12:01 p.m. in the Administration Building of the Orange County Sanitation District. Vice-Chair Allan Bernstein led the pledge of allegiance. A quorum was declared present, as follows: DECLARATION OF QUORUM: Present: Peter Kim, Allan Bernstein, Lucille Kring, Erik Peterson, Christina Shea and David Shawver Absent: John Withers STAFF PRESENT: Jim Herberg, General Manager; Robert Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Kathy Millea, Director of Engineering; Tina Knapp, Assistant Clerk of the Board; Jennifer Cabral; Tanya Chong; Daisy Covarrubias; Lisa Frigo; Rebecca Long; Kelly Newell; Tyler Ramirez; and Wally Ritchie. OTHERS PRESENT: Brad Hogin, General Counsel; David French, ENS Resources (via teleconference); and Eric O'Donnell, Townsend Public Affairs (TPA). PUBLIC COMMENTS: None. REPORTS: Chair Kim congratulated Jennifer Cabral on her recent promotion to Administration Manager. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2019-546 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Page 1 of 3 LEGISLATIVE AND PUBLIC Minutes September 9, 2019 AFFAIRS COMMITTEE Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held July 8, 2019. Ayes: Peter Kim, Allan Bernstein, Lucille Kring, Erik Peterson, Christina Shea and David Shawver Noes: None Absent: John Withers Abstentions: None NON-CONSENT: 2. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY AND 2019-480 AUGUST 2019 Originator: Jim Herberg David French, ENS Resources, provided a PowerPoint presentation and a brief overview of the federal monthly report which included information on: Infrastructure: House reauthorization; permit term legislation H.R. 1764; PFAS/PFOA: National Defense Authorization Act; and funding of FY 2020 agency budgets. Eric O'Donnell, TPA, provided a PowerPoint presentation that included information on the current legislative schedule and deadlines; the potential 2020 water bond, AB 352 (E. Garcia); and priority legislation, including AB 756 (C. Garcia) - PFAS & SB 67 (Hueso) - Recycling Infrastructure. Rebecca Long, Senior Public Affairs Specialist, reported on grant funds recently received for an educational program pertaining to the new headquarters complex and announced a save the date for the State of the District on October 25 and attendance efforts that will be conducted to incorporate attendees. Jennifer Cabral, Administration Manager, commented on positive feedback received on input made by the Sanitation District to proposed legislative matters during the recent DC lobbying trip. ACTION TAKEN TO: Receive and file the Legislative Affairs Update for the months of July and August 2019. 3. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND 2019-469 AUGUST 2019 Originator: Jim Herberg Ms. Cabral provided a brief PowerPoint presentation recapping the Open House and Ribbon Cutting events held on July 27. Ms. Cabral distributed "The Neighborhood Page 2 of 3 LEGISLATIVE AND PUBLIC Minutes September 9, 2019 AFFAIRS COMMITTEE Connection", a newsletter recently distributed to communities immediately surrounding Plant No. 2. Ms. Cabral also indicated that the VIP Luncheon is being held for employee volunteers on September 10 and reported on recent construction outreach in the city of Anaheim. ACTION TAKEN TO: Receive and file the Public Affairs Update for the months of July and August 2019. INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Kring provided information on recent mosquito concerns. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 12:33 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, October 14, 2019 at 3:30 p.m. Submitted by: TT"-- Tina Knapp, MMC Assistant Clerk of the Board Page 3 of 3 Orange County Sanitation District oNjV SANITD Wednesday, September 18, 2019 Minutes of the °° tia 3:30 PM HEADQUARTERS COMPLEX i Conference Room A AD HOC COMMITTEE o Administration Building 10844 Ellis Avenue 9 i Fountain Valley, CA 92708 (714) 593-7433 0 l�NG THE CALL TO ORDER A Special meeting of the Headquarters Complex Ad Hoc Committee of the Orange County Sanitation District was called to order by Committee Chairwoman Lucille Kring on Wednesday, September 18, 2019 at 3:32 p.m. in the Administration Building, Conference Room A. DECLARATION OF QUORUM The Clerk of the Board declared a quorum present as follows.- Present: Lucille Kring, Erik Peterson, David Shawver, Robert Collacott, Sandra Massa-Lavitt, Fred Smith and John Withers Absent: Steve Nagel STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Al Garcia; Tom Grant; Jeff Mohr; Adam Nazaroff and Wally Ritchie. OTHERS PRESENT: Brad Hogin (General Counsel); and representatives from City of Fountain Valley: City Manager Rob Houston; Mayor Pro Tern Cheryl Brothers; Planning Director Brian James; and Director of Finance Jason AI-Imam. PUBLIC COMMENTS: None. NON-CONSENT: 1. CITY OF FOUNTAIN VALLEY REQUEST FOR PAYMENT IN LIEU OF 2019-572 PROPERTY TAXES Originator: Rob Thompson City of Fountain Valley Mayor Pro Tern Cheryl Brothers provided comment on the item. City Manager Rob Houston, Planning Director Brian James and Director of Finance Jason AI-lam provided the PowerPoint presentation "Fountain Valley Community Partnership Plan" and information regarding strategies to work out the impacts of both the proposed project construction and the City's revenue stream. The City Page 1 of 2 HEADQUARTERS COMPLEX Minutes September 18, 2019 AD HOC COMMITTEE representatives reviewed the variances requested by OCSD, estimated project fees, and provided their overview of how this project might strain City services without benefit of property tax revenue. After comments from the Directors and general discussion, the Committee directed staff to set up a followup meeting between both agency's Executive Managers and Counsel; and requested additional information regarding legal aspects of exemption status. Without objection, the Committee received and filed the City of Fountain Valley's presentation and information. 2. UPDATE ON HEADQUARTERS COMPLEX, PROJECT NO. P1-128 2019-576 Originator: Kathy Millea Director of Engineering Kathy Millea provided a PowerPoint presentation and informational update on the Headquarters building. Ms. Millea provided a brief timeline of the project to date and proceeded with the 60% project design update which included: Site plan and renderings, Video flythrough, floor plans, mass timber, CalGovOps grant information, project schedule and budget. Without objection, the Committee received and filed the Update on the Headquarters Complex. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Board Chair Shawver declared the meeting adjourned at 4:48 p.m. Submitted by: Ke ly A. L re, MMC C rk of t e Board Page 2 of 2 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-669 Agenda Date: 10/23/2019 Agenda Item No: 5. FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: TUSTIN AVENUE MANHOLE AND PIPE REPAIR, PROJECT NO. FE17-06 GENERAL MANAGER RECOMMENDATION RECOMMENDATION: A. Receive and file Bid Tabulation and Recommendation for Tustin Avenue Manhole and Pipe Repair, Project No. FE17-06; B. Award a Construction Contract to Nuline Technologies, LLC for Tustin Avenue Manhole and Pipe Repair, Project No. FE17-06, for a total amount not to exceed $350,000; and C. Approve a contingency of $35,000 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) owns and operates a regional sewer in the area of Tustin Avenue and Orangethorpe Avenue in the cities of Anaheim and Placentia. The vitrified clay sewer was originally installed in 1960. The Sanitation District has identified significant cracks in the pipe as well as a manhole defect resulting from an Orange County Transportation Authority (OCTA) sewer relocation project. RELEVANT STANDARDS • Comply with California Public Contract Code Section 20103.8, award construction contract to lowest responsive, responsible bidder • Achieve less than 2.1 sewer spills per 100 miles PROBLEM The Sanitation District sewer in Tustin Avenue south of Orangethorpe Avenue has pipe and manhole defects that need repair. PROPOSED SOLUTION Award a Construction Contract for the Tustin Avenue Manhole and Pipe Repair, Project No. FE17-06, Orange County Sanitation District Page 1 of 3 Printed on 10/16/2019 powered by LegistarTM File #: 2019-669 Agenda Date: 10/23/2019 Agenda Item No: 5. to repair the cracked pipe and replace the improperly abandoned manhole. TIMING CONCERNS Sewer spills are possible due to significant cracked sections of pipe and an obstruction inside the abandoned manhole. RAMIFICATIONS OF NOT TAKING ACTION The possibility of spills in the 24-inch sewer system along Tustin Avenue would remain. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OCTA completed a grade separation project along Tustin Avenue at the border of the cities of Anaheim and Placentia which included a partial relocation of this sewer. The Sanitation District performed a pre-construction inspection of the existing 24-inch sewer pipes affected by, and adjacent to, the OCTA grade separation project. The inspection identified 5 existing significant longitudinal cracks up to 10-feet long in multiple sections of pipe not affected by the OCTA project. After completion of the OCTA project, the Sanitation District performed an inspection of OCTA's work and found that one manhole was abandoned improperly. Subsequently, the Sanitation District accepted a $70,000 reimbursement from OCTA to repair the manhole. Sanitation District staff developed Contract Documents to repair the cracks and manhole under a single project, Tustin Avenue Manhole and Pipe Repair, Project No. FE17-06. The Sanitation District advertised Project No. FE17-06 for bids on June 28, 2019 and three sealed bids were received on August 13, 2019. A summary of the bid opening follows: Engineer's Estimate $150,000 Bidder Amount of Bid Nuline Technologies, LLC $350,000 Charles King Company $353,000 Mehta Mechanical Company, Inc. $367,000 The bids were evaluated in accordance with the Sanitation District's policies and procedures. An evaluation of the apparent low bidder, Nuline Technologies, LLC, determined the bid to be both responsive and responsible. Based on this, an Award Notice was sent to all the bidders on September 4, 2019 informing them of the intent of Sanitation District staff to recommend award of the construction contract to Nuline Technologies, LLC. After receipt of the bids and considering the cost differences when compared with the Engineer's estimate, staff reviewed the Engineer's estimate and determined that the contractor's estimates for construction is significantly higher than typical and historical costs. Staff believes that this is due to Orange County Sanitation District Page 2 of 3 Printed on 10/16/2019 powered by LegistarTM File #: 2019-669 Agenda Date: 10/23/2019 Agenda Item No: 5. the additional risks and constraints of the project related to the proximity of the work to railroad and bridge piers. Staff believes that the bids are valid and recommends award as stated above. CEQA The project is categorically exempt under Class 1 set forth in California Code of Regulations sections 15301 of CEQA, and statutorily exempt from CEQA under Public Resources Code section 21080.21 and no further CEQA review is required. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This recommendation will be funded under the Repairs and Maintenance for the Operations and Maintenance Department (Budget Update, Fiscal Years 2019-20, Page 47). The budget is sufficient for the recommended action. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Construction Contract RL:dm:gc Orange County Sanitation District Page 3 of 3 Printed on 10/16/2019 powered by LegistarTM PART A CONTRACT AGREEMENT C-CA-022619 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION - 2 MATERIALS AND LABOR.................................................................4 SECTION - 3 PROJECT..........................................................................................4 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION - 5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION - 6 TIME IS OF THE ESSENCE .............................................................5 SECTION - 7 EXCUSABLE DELAYS......................................................................6 SECTION - 8 EXTRA WORK...................................................................................6 SECTION - 9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................7 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT .........................7 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ..............................................................................................9 SECTION - 13 COMPLETION................................................................................. 10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION....................... 10 SECTION - 15 SURETY BONDS ............................................................................ 12 SECTION - 16 INSURANCE.................................................................................... 13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................22 SECTION - 18 TERMINATION................................................................................22 SECTION - 19 WARRANTY....................................................................................23 SECTION - 20 ASSIGNMENT.................................................................................24 SECTION - 21 RESOLUTION OF DISPUTES ........................................................24 SECTION - 22 SAFETY & HEALTH ........................................................................24 SECTION - 23 NOTICES.........................................................................................25 C-CA-022619 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR THIS AGREEMENT is made and entered into, to be effective, this October 23, 2019, by and between Nuline Technologies, LLC, hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION — 1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions— Definitions. CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 1 of 26 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids —the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report (GBR), if attached as a Contract Document i. Plans and Specifications — in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans iii. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or specified shall be the same as similar parts that are shown or specified, or as C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 2 of 26 directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's ENGINEER, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 3 of 26 In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION — 2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. SECTION — 3 PROJECT The Project is described as: PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 4 of 26 SECTION —4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION — 5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within ninety (90) calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes five (5) calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. SECTION — 6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 5 of 26 the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION — 7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others — Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. SECTION — 8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 6 of 26 SECTION — 9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". SECTION — 10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Three Hundred Fifty Thousand Dollars ($350,000) as itemized on the Attached Exhibit "A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements" and "Payment CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 7 of 26 Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four (4) week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work— General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 8 of 26 B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount" for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions — "Retained Funds; Substitution of Securities." CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 9 of 26 SECTION — 13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 10 of 26 agrees that not less than said prevailing rates shall be paid to workers employed on this public works Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. E. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 11 of 26 required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Registration; Record of Wages; Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e). SECTION — 15 SURETY BONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel — one in the amount of one hundred percent (100%) of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 12 of 26 Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION — 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 13 of 26 CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD premises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Eight Million Dollars ($8,000,000) per occurrence and a general aggregate limit of Eight Million Dollars ($8,000,000) for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 14 of 26 b. Products and Completed Operations, with limits of at least Eight Million Dollars ($8,000,000) per occurrence and a general aggregate limit of Eight Million Dollars ($8,000,000) which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 15 of 26 h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Either (1) a combined single limit of Three Million Dollars ($3,000,000) and a general aggregate limit of Three Million Dollars ($3,000,000) for bodily injury, personal injury and property damage; Or alternatively, (2) Three Million Dollars ($3,000,000) per person for bodily injury and Two Million Dollars ($2,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable by OCSD. 5. Worker's Compensation/Employer's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 16 of 26 liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. 6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance for pollution liability covering bodily injury, property damage (including loss of use of damaged property or property that has not been physically injured or destroyed), cleanup costs, and defense costs (including costs and expenses for investigation, defense, or settlement of claims). Coverage shall carry limits of at least One Million Dollars ($1,000,000) and shall apply to sudden and non-sudden pollution conditions CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 17 of 26 (including sewage spills), both at the site or needed due to migration of pollutants from the site, resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants or pollutants. If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the right to approve or reject such coverage in its own discretion. If written on a claims- made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two years beginning from the time that the Project under this Contract is completed. 7. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 18 of 26 a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10) days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20) days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 19 of 26 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s) will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. D. Acceptability of Insurers Insurers must have an "A2, or better, Policyholder's Rating, and a Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of worker's compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20) days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 20 of 26 F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured" on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 21 of 26 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements There shall be a Separation of Insured Clause or endorsement, providing that coverage applies separately to each insured, except with respect to the limits of liability. There shall also be an endorsement or policy language containing a waiver of subrogation rights on the part of the insurer. OCSD, its directors, officers, agents, CONSULTANTS and employees and all public agencies from whom permits will be obtained as well as their directors, officers, agents, and employees shall be included as insureds under the policy. Any additional insured endorsement shall contain language at least as broad as the coverage language contained in ISO form CG 20 10 11 85 or alternatively in both CG 20 10 10 01 and CG 20 37 10 01 together. SECTION — 17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". SECTION — 18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 22 of 26 manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION — 19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion" that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1) the remainder of the original one-year warranty period; or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 23 of 26 SECTION — 20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION — 21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION — 22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 24 of 26 SECTION — 23 NOTICES Any notice required or permitted under this Contract shall be sent by certified mail, return receipt requested, at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Nuline Technologies, LLC 102 Second Street, Suite B Encinitas, CA 92024 Copy to: Dominic Burtech, Partner Nuline Technologies, LLC 102 Second Street, Suite B Encinitas, CA 92024 CONFORMED C-CA-022619 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 25 of 26 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Nuline Technologies, LLC 102 Second Street, Suite B Encinitas, CA 92024 By Printed Name Its CONTRACTOR's State License No. 997520 (Expiration Date — 10/31/2020) OCSD: Orange County Sanitation District By David John Shawver Board Chairman By Kelly A. Lore Clerk of the Board By Ruth Zintzun Purchasing & Contracts Manager C-CA-022619 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 26 of 26 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION............................................................................. 1 EXA-2 PROGRESS PAYMENTS ..................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS........................................................1 EXA-4 STOP PAYMENT NOTICE.................................................................................3 EXA-5 PAYMENT TO SUBCONTRACTORS................................................................3 EXA-6 PAYMENT OF TAXES .......................................................................................3 EXA-7 FINAL PAYMENT...............................................................................................4 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT ...6 ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7 ATTACHMENT 2 - SCHEDULE OF PRICES...................................................................8 C-EXA-080414 EXHIBIT SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement— Section 11 — "Contract Price and Method of Payment;" 2. General Conditions—"Payment— General"; 3. General Conditions—"Payment—Applications for Payment"; 4. General Conditions—"Payment— Mobilization Payment Requirements;" 5. General Conditions — "Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions — "Contract Price Adjustments and Payments"; 7. General Conditions— "Suspension of Payments"; 8. General Conditions — "OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. CONFORMED C-EXA-080414 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 1 of 8 B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-080414 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. CONFORMED C-EXA-080414 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 3 of 8 EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions — "Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR'S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will C-EXA-080414 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 4 of 8 make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30) days of receipt of Final Payment. CONFORMED C-EXA-080414 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 5 of 8 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-080414 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 6 of 8 ATTACHMENT 1 — CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date CONFORMED C-EXA-080414 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 7 of 8 ATTACHMENT 2 — SCHEDULE OF PRICES See next pages from the Bid Submittal Forms (Nuline Technologies, LLC) BF-14 Schedule of Prices, Pages 1-2 C-EXA-080414 CONFORMED PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 8 of 8 Bid Submitted By: Nuline Technologies, LLC (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR's compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work, including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVEIAND RESPONSIBLE BID. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. BF-14 SCHEDULE OF PRICES C-BF-053119 PROJECT NO.FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 1 of 8 Bid Submitted By: Nuline Technologies, LLC (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item Unit of Approx Me No. Description Unit Price Extended Price asuroment City 1 Mobilization: The amount for this Bid item shall not exceed ten percent /o i 10 of the Total Amount of Bid and shall be in conformance with the Contract Document for the lump sum price of ... Lump Sum ! L.S. _! $ 35,000.00 All amounts included in this Item greater than ten percent (10%) shall be paid under the Item"All Other Work"at the end of the Project. 2. Sheeting, Shoring and Bracing as described in Division 01, Section 01155 40 000.00 and in conformance with the Contract Documents for the lump sum price Lump Sum L.S. _ $ Of... 3. Permits as described in Division 01, Section 01155 and in conformance Allowance Allow. _ $32,000 with the Contract Documents for the lump sum price of... 4. All Other Work set forth in the Contract Documents except for the Work performed in items 1 through 3 inclusive, as described in Division 01, Lump Sum L.S. _ Section 01155 and in conformance with the Contract Documents for the $ 243,000.00 lump sum price of... 3tio, ooD , v0 >�.G TOTAL AMOUNT OF BID (BASIS OF AWARD) $ BF-14 SCHEDULE OF PRICES C-BF-053119 PROJECT NO. FE17-06 TUSTIN AVE MANHOLE AND PIPE REPAIR Page 2 of 2 Garcia, Brandon From: Patti_Nuline <patti@nulinetech.net> Sent: Thursday, September 12, 2019 7:05 AM To: Garcia, Brandon Cc: 'Frank Durazo' Subject: EXTERNAL: RE: FE17-06:Total Amout of Bid Correction to $350,000 Warning:This email originated from outside OCSD. Do not click links or open attachments unless you recognize the sender and are expecting the message. That is correct. Thank you, Patti Strain Office Manager Nu-Line Technologies,LLC. 1 102 Second Street,Suite B,Encinitas,CA 92024 Ph.(760)634-5153 1 Fax(760)634-6780 1 Cell(760)859-5273 1 Email patti@nulinetech.net b DINE From:Garcia, Brandon [mailto:BGarcia@OCSD.COM] Sent:Wednesday, September 11, 2019 3:54 PM To: Patti_Nuline <patti@nulinetech.net> Cc: 'Frank Durazo'<fdurazo@nulinetech.net> Subject: FE17-06:Total Amout of Bid Correction to$350,000 Patti, OCSD issued clarification request No. 1 to Nu Line Technologies, LLC which informed you that the Total Amount of Bid was corrected from $350,096.51 to $350,000, as the total of all line items were not in agreement with the$350,096.51 amount. Would Nu Line Technologies, LLC. please respond to this email acknowledging that$350,000 is the correct Total Amount of Bid. soThank You, Brandon Garcia,CPPB Orange County Sanitation District Contracts, Purchasing& Materials Management Division I Contracts Administrator Office:714.593.7024 1 www.ocsewers.com You i oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 OPERATIONS COMMITTEE (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-670 Agenda Date: 10/23/2019 Agenda Item No: 6. FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: MP-275/MP-276 CENTRAL GENERATION ENGINE OVERHAULS AT PLANT NOS. 1 AND 2 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Award a service contract to UPS Midstream Services, Inc. to provide Central Generation Engine Overhauls at Plant Nos. 1 and 2 (for a total of two engines), Specification No. S-2019- 1074BD, for a total amount not to exceed $5,636,335; and B. Approve a contingency of $1,127,268 (20%). BACKGROUND The Orange County Sanitation District (Sanitation District) operates eight Central Generation (Cen Gen) engines manufactured by Cooper Bessemer, now part of General Electric (GE). These engines are no longer in production, but parts are available from GE and other third-party vendors. The engines generate approximately two-thirds of the Sanitation District's electric demand. Additionally, waste heat from the engines is recovered and supplies the majority of the process heat demand used in the solids digestion process and the absorption chiller at Plant No. 1 (which provides cooling for the Administration Building, Laboratory Building, Central Generation Building, and Operations Building). At Plant No. 2, the waste heat generated by the engines is also converted into electrical energy using a steam turbine. The Cen Gen engines are recommended to have a major bottom-end overhaul at 140,000 run hours, approximately every 20 to 25 years. The engine types installed at the Sanitation District in the mid- 1990s are not common. There are few companies in California that supply these heavy rebuild services. There have been three unsuccessful bid attempts by the Sanitation District to accomplish the bottom-end overhauls. Over the past three years, bids were received, but were deemed non- responsive for various commercial reasons and ranged from $2.6 million to $4.8 million, per engine. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain a proactive asset management program Orange County Sanitation District Page 1 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-670 Agenda Date: 10/23/2019 Agenda Item No: 6. • Use all practical and effective means for resource recovery • 24/7/365 treatment plant reliability PROBLEM The Cen Gen engines require a major bottom-end overhaul at approximately 140,000 run-hours, and a lesser top-end overhaul approximately every 40,000 run-hours. Two engines are overdue for major bottom-end overhauls. PROPOSED SOLUTION Staff recommends awarding a Contract to UPS Midstream Services, Inc. to provide parts and services to overhaul two Cen Gen engines located at Plant Nos. 1 and 2. TIMING CONCERNS The existing Cooper Bessemer Gas Engine No. 1 at Plant No. 1 and Engine No. 5 at Plant No. 2 are past their recommended bottom-end overhaul service intervals. RAMIFICATIONS OF NOT TAKING ACTION Failure to take action on this repair will inhibit the ability to reliably generate electricity and produce process heat, resulting in a potential additional annual cost of approximately $1,400,000 per engine per year at Plant No. 1, and $1,680,000 per engine per year at Plant No. 2 to offset energy purchases and incurred demand charges. In addition, the engines are critical for process treatment requirements and use of digester gas produced in the digestion process. If the engines are not available, it will result in significant flaring of digester gas. PRIOR COMMITTEE/BOARD ACTIONS April 2019 - Board of Directors authorized the General Manager to commence negotiations with identified firms for the overhaul of two Central Generation engines located at Plant Nos. 1 and 2. ADDITIONAL INFORMATION A Request for Proposal (RFP) was issued on June 19, 2019 via PlanetBids and closed on July 25, 2019 for the overhaul of two Cen Gen engines. The Sanitation District received four responsive proposals which were first evaluated on a pass/fail basis, then individually scored and weighted by the evaluators. The members of the evaluation committee consisted of staff from the Engineering, and Operations & Maintenance Departments. Three of the four proposals passed the first round of evaluation by having the required company experience with similar engine overhauls. The three proposals that passed the first round were then evaluated based on the following criteria: (1) proposed staffing and project organization; (2) work Orange County Sanitation District Page 2 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-670 Agenda Date: 10/23/2019 Agenda Item No: 6. plan; and (3) cost. The two top scoring proposals each submitted a Best and Final Offer for cost and the highest scoring firm was then identified. The Sanitation District was then able to successfully negotiate mutually agreed upon contractual terms and conditions. Based on these results, staff recommends awarding the Service Contract to UPS Midstream Services, Inc. TABLE 1 Proposal Evaluation* Evaluator Universal Plant GE Oil & Gas dba Reciprocating Services dba. UPS Cooper Machinery Technology Midstream Services Services Services, Inc. 1 880 798 116 2 860 833 331 3 895 833 296 4 860 833 71 5 890 833 121 TOTAL AVERAGE 877 826 187 WEIGHTED SCORE (Points) TOTAL FINAL $5,636,334.63 $6,191,817.37 Not Opened NEGOTIATED COST Staff evaluated replacement of major engine parts as a part of this procurement based on historical wear patterns. It is anticipated that some parts that are not specified for replacement will need replacement after inspection. These parts may include an engine crank shaft and/or the master rod bearings. Rather than unnecessarily replacing costly parts, a project contingency of 20% is requested to cover unexpected wear. The Sanitation District's asset management plan calls for the continued use of the Cen Gen Systems for another 25 years. The bottom-end overhauls serve as a midlife refurbishment for the engines to meet a 50-year life cycle. Staff has investigated other higher efficiency technology like fuel cells. These new technologies are not commercially viable. Refurbishing the engines and leveraging current investment is the recommended action. A bid protest and appeal were received and rejected after the award protest deadline from Recip Engine Services. On October 7, the Sanitation District responded with a protest appeal decision. On October 8, Recip Engine Services acknowledged the decision. CEQA N/A Orange County Sanitation District Page 3 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-670 Agenda Date: 10/23/2019 Agenda Item No: 6. FINANCIAL CONSIDERATIONS This request complies with the authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY19-20 budget Update, Operating and Maintenance Department Repairs & Maintenance line item (Pg. 47). Date of Approval Contract Amount Contingency 10/23/2019 $5,636,335 $1,127,268 (20%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Service Contract Orange County Sanitation District Page 4 of 4 Printed on 10/16/2019 powered by LegistarT" SERVICE CONTRACT Central Generation Engine Overhauls at Plants 1 & 2 Specification No. S-2019-1074BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and UPS Midstream Services, Inc. with a principal place of business at 990 Peiffers Lane, Harrisburg, PA 17109 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to temporarily retain the services of Contractor for Central Generation Engine Overhauls at Plants 1 & 2 "Services" as described in Exhibit "A"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-52; and WHEREAS, on October 23, 2019, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit "A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit "A" Scope of Work Exhibit "B" Proposal Exhibit "C" Acknowledgement of Insurance Requirements Exhibit "D" OCSD Safety Standards Exhibit "E" Not Used Exhibit "F" Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. Orange County Sanitation District 1 of 10 Specification No. S-2019-1074BD Version 120518 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit "A". 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under"Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation to be paid by OCSD to Contractor for the Services provided under this Contract shall be a total amount not to exceed Five Million Six Hundred Thirty- Six Thousand Three Hundred Thirty-Five Dollars ($5,636,335.00). 3. California Department of Industrial Relations(DIR) Registration and Record of Wages 3.1 To the extent Contractor's employees and/or its subcontractors who will perform work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non- compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments and Invoicin_g 4.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project Manager or designee, of itemized invoices submitted for Milestones completed in accordance with Exhibit "A". OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff OCSD.com and "INVOICE" with the Purchase Order Number and Specification No. S-2019-1074BD shall be referenced in the subject line. Orange County Sanitation District 2 of 10 Specification No. S-2019-1074BD Version 120518 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. In no event shall Contractor's efficiency in performing the work, fixed or lump sum components, or the make-up of Contractor's labor and equipment rates be subject to review. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit"A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Contract shall be completed within four hundred twenty (420) calendar days from the effective date of the Notice to Proceed. 9. Renewals Not Used 10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. 11. Performance Time is of the essence in the performance of the provisions hereof. 12. Termination 12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee)to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract. 12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: ■ if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or ■ if Contractor sells its business; or ■ if Contractor breaches any of the terms of this Contract; or ■ if total amount of compensation exceeds the amount authorized under this Contract. 12.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. Orange County Sanitation District 3 of 10 Specification No. S-2019-1074BD Version 120518 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Bonds Not Used 15. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, to the extent such damages or injuries arise out of or are caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys'fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 16. Limitation of Damages Notwithstanding anything to the contrary in any of the contract documents, neither party shall be liable to the other for any consequential, indirect, incidental, special, liquidated or punitive damages (including but not limited to loss of use, revenue or profits, inventory or use charges, cost of capital or claims of customers) howsoever caused. The foregoing shall not limit any damages that may be recoverable under California Civil Code section 3300, nor shall the foregoing apply to claims caused by Contractor's gross negligence, willful misconduct or fraud. 17. Limitation of Liability Contractor's total liability with respect to this Agreement, or any breach thereof, whether based on contract, warranty, tort (including negligence), strict liability or otherwise, shall not exceed two times the Contract Price. 18. OCSD Safety Standards OCSD requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Contract it is discovered that OCSD Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory Orange County Sanitation District 4 of 10 Specification No. S-2019-1074BD Version 120518 requirement at no additional cost to OCSD. Contractor and all of its employees and subcontractors, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit "D" and the Human Resources Policies (Exhibit "F"). 19. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 19.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance by the OCSD Project Manager or designee of the work as complete. 19.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit "A", OCSD informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 20. Liquidated Damages Not Used 21. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 22. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 23. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2)it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 24. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 25. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 26. Licenses, Permits, Ordinances and Re_gulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. Orange County Sanitation District 5 of 10 Specification No. S-2019-1074BD Version 120518 27. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 28. Contractor's Employees Compensation 28.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis- Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 28.2 General Prevailing Rate — OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 28.3 Forfeiture For Violation—Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 28.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 28.5 Workday—In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. Orange County Sanitation District 6 of 10 Specification No. S-2019-1074BD Version 120518 28.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776. 29. South Coast Air Quality Mana_pement District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 30. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof. 31. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 32. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages. 33. Dispute Resolution 33.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 33.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator Orange County Sanitation District 7 of 10 Specification No. S-2019-1074BD Version 120518 shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2)arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 34. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 35. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 36. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 37. Dama_ge to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 38. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 39. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 40. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 41. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 42. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 43. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. Orange County Sanitation District 8 of 10 Specification No. S-2019-1074BD Version 120518 44. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 45. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. 46. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Jackie Lagade Principal Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Reagan Busbee President UPS Midstream Services, Inc. 990 Peiffers Lane Harrisburg, PA 17109 Each party shall provide the other party written notice of any change in address as soon as practicable. Orange County Sanitation District 9 of 10 Specification No. S-2019-1074BD Version 120518 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: David John Shawver Chair, Board of Directors Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing and Contracts Manager UPS MIDSTREAM SERVICES, INC. Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 10 of 10 Specification No. S-2019-1074BD Version 120518 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 LEGISLATIVE AND PUBLIC AFFAIRS (714)5937433 COMMITTEE 9oTFCTN0 THE Agenda Report File #: 2019-687 Agenda Date: 10/23/2019 Agenda Item No: 7. FROM: James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Legislative Affairs Update for the month of September 2019. BACKGROUND The Orange County Sanitation District's (Sanitation District) legislative affairs program includes advocating the Sanitation District's legislative interests, sponsoring legislation (where appropriate), and seeking Local, State, and Federal funding for projects and programs. Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant - treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Continue to work with Local, State, and Federal officials to advocate the Sanitation District's legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation Orange County Sanitation District Page 1 of 2 Printed on 10/16/2019 powered by LegistarTM File #: 2019-687 Agenda Date: 10/23/2019 Agenda Item No: 7. District, the wastewater industry, and the community as a whole. To assist in our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION Save the Date: Orange County Sanitation District's State of the District will be held on Friday, October 25 from 8 a.m. to 10 a.m. at Mile Square Golf Course in Fountain Valley. The event will host Local, State, and Federal dignitaries and provide an update on the Sanitation District, our accomplishments, and the future direction of the agency. The Sanitation District has been awarded $40,000 for the Mass Timber grant/competition by CalGov Ops for an educational display at the new Headquarters Building. The display is to highlight how mass timber was used in building the Headquarters Building and the overall benefit of mass timber for the environment. The Sanitation District is looking into a newly released grant through CalRecycle's Organics Grant Program for the Food-Waste Co-Digestion facility at Plant No. 2 in Huntington Beach. The amount the Sanitation District would be eligible to receive is up to $3 million. The grant is due November 7. FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) and may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Federal Update - ENS Resources • Federal Legislative Matrix - ENS Resources • State Update - Townsend Public Affairs • State Legislative Matrix - Townsend Public Affairs • Grant Matrix • PowerPoint Presentations from October 14, 2019 Meeting o Federal Update o State Update Orange County Sanitation District Page 2 of 2 Printed on 10/16/2019 powered by LegistarTM ■ ' 1 i 7% LLl V6P RESOURCES MEMORANDUM TO: Rebecca Long FROM: Eric Sapirstein DATE: September 23, 2019 SUBJECT: Washington Update Congress returned to work in September after a six-week summer recess.With just a few weeks left in the session, the focus of legislative activity remains finalizing fiscal year 2020 spending bills, reconciling the regulation of Per- and polyfluoroalkyl substances (PFAS/PFOA) in drinking water, and developing water resiliency and infrastructure legislation. The following summarizes the status of these matters. Finalizing Fiscal Year 2020 Spending Decisions Complicated by Border Wall Funds The Senate Committee on Appropriations has begun approving the twelve spending bills that fund the various federal departments and agencies. The Energy and Water Development Appropriations bill,which supports water recycling and other western water programs, is pending before the full Senate. Program levels for WaterSmart's Water Infrastructure Improvements for the Nation Act (WIIN) water recycling and desalination remain at effectively current year levels. Action on the all-important Interior and Environment Appropriations bill that funds U.S. Environmental Protection Agency (USEPA) programs is expected to be approved by the end of September. This bill funds the State Revolving Fund (SRF),beach protection and general water quality programs impacting OCSD. We anticipate that the Senate will follow the House lead and approve adequate funding for these programs. However, Senate action on the bills remains up in the air as congressional opposition to the allocation of additional border wall funding has prevented Senate floor debate and votes on spending bills. In the absence of an agreement on how to address the issue, the House approved a stopgap spending bill to maintain governmental operations from October 1 until November 22, 2019. The Senate is expected to follow this action before October 1. 2 1 P a g e Assuming this occurs, Congress and the Administration will likely spend the next two months seeking a compromise on the level of funding to provide to border wall construction and how to prevent future reallocation of defense-related spending to boost the border wall funding program. House and Senate Committees Begin Task of Defining the Regulation and Remediation of PFAS/PFOA The House and Senate Committees on Armed Services have begun the process known as Conference Committee to reconcile differences between each chamber's version of the National Defense Authorization Act (NDAA). NDAA is notable because proponents of regulating PFAS/PFOA amended the bill to address the treatment and control of PFAS/PFOA contamination. The challenge remains the two very different approaches employed by each chamber and the fact that the White House has issued a veto threat on the bills in large measure because of the PFAS/PFOA provisions. As of this writing, the key dispute centers on a House amendment to require USEPA to designate PFAS/PFOA as a hazardous waste under Superfund. This would create significant impacts for wastewater treatment since any PFAS/PFOA contaminated biosolids, for example,would be subject to new and costly treatment and disposal regimes. Additionally, the potential of trace amounts of the chemicals in effluents could further impose expensive treatment as well as potential liabilities associated with any discharges. The Senate rejected this kind of mandate in its NDAA. Instead, it directs USEPA to develop and issue a drinking water monitoring and treatment standard within two years of any bill enactment that drinking water agencies would need to comply with as directed under the Safe Drinking Water Act. The White House and USEPA have argued that such an approach is unwarranted as USEPA has issued a PFAS/PFOA action plan to guide its decision making. Meanwhile, national and state trade associations, including the National Association of Clean Water Agencies (NACWA), Water and Environment Federation (WEF), California Association of Sanitation Agencies (CASA),Association of California Water Agencies (ACWA), and American Water Works Association(AWWA) are working with congressional committees to develop a compromise that would require adequate scientific research into the threats posed from the chemicals before any regulations or conditions are mandated on how to treat, manage and dispose of PFAS/PFOA contaminated substances. ENS Resources,Inc. 1901 Pennsylvania Avenue,N.W. Suite 1005 Washington,D.C.20006 Phone 202.466.3755/Telefax 202.466.3787 3 1 P a g e Clean Water State Revolving Fund Infrastructure Bill Discussions Center on Permit Term Extensions The House Committee on Transportation & Infrastructure staff continue to work on developing an approach to allow for extended permit terms of up to ten years as called for by a broad array of national and state public associations, including CASA and ACWA. As of this writing, the ongoing effort has delayed action on a broader water infrastructure bill, H.R. 1497, because of the priority attached to the development of a policy to permit extended permit terms as contained in the legislation H.R. 1764. H.R. 1764 is sponsored by Representative John Garamendi (D- CA) and enjoys bipartisan support from across the nation. As of this writing,the effort to develop a policy is centering on a handful of issues. These matters include ensuring that only"good actors" are eligible for extended permits. Assuming that a clear and workable definition can be reached, it is possible that the committee would move to completing action on a water infrastructure bill in October. Committee Approves Clean Water Geographic Programs The House Committee on Transportation & Infrastructure moved a series of bills in the absence of an agreement on an overall water infrastructure bill. The measures, known as geographic programs, provide for continued funding of regional water quality improvement programs such as the National Estuary Program that captures a number of protected estuaries and bays in California, including Santa Monica, Monterey, and San Francisco Bays. Action in the House is likely before the end of the session. However, Senate consideration is not expected until next year when a comprehensive water resources and infrastructure bill is slated to be acted upon by the Senate Committee on Environment and Public Works. ENS Resources,Inc. 1901 Pennsylvania Avenue,N.W. Suite 1005 Washington,D.C.20006 Phone 202.466.3755/Telefax 202.466.3787 OCSD Federal Bills of Interest =M AUT • � q1 • • POSITION • POSITIONS Federal Legislation 2019-2020 Water Recycling Investment and Improvement Act. Establishes a grant House-6/13/19 H.R. 1162 Rep. Grace Napolitano(D-CA) program for the funding of water recycling and reuse projects,and for other Subcommittees Hearings Watch CASA SUPPORTS purposes. held Water Quality Protection and Job Creation Act of 2019. Provides nearly House-03/06/2019 $23.5 billion in direct infrastructure investment over the next five years to Referred to the address wastewater infrastructure and local water quality challenges.This Subcommittee on Water H.R. 1497 Rep. Peter DeFazio(D-OR) bill allocates$20 billion in grants for the Clean Water State Revolving Fund. Resources and Watch CASA SUPPORTS Environment To require the Administrator of the Environmental Protection Agency to House-2/7/19 Referred shall designate per-and polyfluoroalkyl substances as hazardous to Subcommittee on substances under the Comprehensive Environmental Response, Railroads, Pipelines,and H.R.535 Rep. Debbie Dingell (D-MI) Watch NYC Compensation,and Liability Act of 1980. Hazardous Materials Pacific Northwest Earthquake Preparedness Act of 2019. Requires the House-2/6/19 Passed FEMA to develop a plan for the purchase and installation of an earthquake House by voice vote, early warning system for the Cascadia Subduction Zone.The term "Cascadia received in Senate and H.R.876 Rep. Peter DeFazio(D-OR) Subduction Zone". referred to Committee Watch NYC on Homeland Security and Governmental Affa i rs Regulatory Certainty for Navigable Waters Act. Repeals the Waters of the House-2/7/19 Referred United States rule and amend the Federal Water Pollution Control Act to Subcommittee on H.R.667 Rep.Jaime Herrera Beutler(R-WA) definition of navigable waters, and for other purposes. Water Resources and Watch NYC Environment Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL SUMMARY.JMl& LATEST ACTION OCSID POSITION OTHER EM POSITIONS A bill to encourage the research and use of innovative materials and Senate-2/7/19 Referred S.403 Sen.Sheldon Whitehouse(D-RI) associated techniques in the construction and preservation of the to Committee on Watch NYC domestic transportation and water infrastructure system,and for other Environment and Public purposes. Works To require the Corps of Engineers to notify affected communities before House-2/7/19 Referred releasing water contaminated with cyanobacteria from flood risk to Subcommittee on H.R.977 Rep. Brian Mast(R-FL) management projects,and for other purposes. Water Resources and Watch NYC Environment To amend the Federal Water Pollution Control Act to limit attorney fees House-2/7/19 Referred and penalties in citizen suits,and for other purposes. to Subcommittee on H.R.892 Rep. Duncan Hunter(R-CA) Water Resources and Watch NYC Environment California New River Restoration Act of 2019. Requires the USEPA to House-2/7/19 Referred establish a California New River restoration program for the New River. to Subcommittee on USEPA must(1)implement projects, plans,and initiatives for the New River Water Resources and H.R.358 Rep.Juan Vargas(D-CA) Watch NYC supported by the California-Mexico Border Relations Council;and (2) Environment provide grants and technical assistance for coordinating restoration and protection activities. A bill to amend the Federal Water Pollution Control Act to clarify the Senate-2/7/19 Referred definition of navigable waters,and for other purposes. to Committee on S.376 Sen. Rand Paul (R-KY) Watch NYC Environment and Public Works National Infrastructure Development Bank Act. Facilitates efficient House-2/7/19 Referred investments and financing of infrastructure projects and new job creation to Subcommittee on through the establishment of a National Infrastructure Development Bank, Economic Development, H.R.658 Rep. Rosa DeLauro and for other purposes. Public Buildings,and Watch NYC Emergency Management Updated September 2019 OCSD Federal Bills of Interest AUTHORML NINE MANEL SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS To amend the Water Resources Development Act of 1986 to repeal the House-2/12/19 authority relating to reprogramming during national emergencies. Referred to the H.R. 1137 Rep.John Garamendi (D-CA) Subcommittee on Water Watch NYC Resources and Environment Coastal Communities Adaption Act. Improves the resilience of the built and House-3/619 Referred natural environment to natural disasters and climate change using,among to Subcommittee on H.R. 1317 Rep. Harley Rouda (D-CA) Watch NYC other measures, natural and nature-based features,and for other purposes. Water Resources and Environment A bill to require the Administrator of the Environmental Protection Agency Senate-2/28/19 to designate per-and polyfluoroalkyl substances as hazardous substances Referred to Committee S.638 Sen.Tom Carper(D-DE) Watch NYC under the Comprehensive Environmental Response,Compensation, on Environment and Liability Act of 1980,and for other purposes. Public Works A bill to provide adequate funding for water and sewer infrastructure,and Senate-2/28/19 S.611 Sen. Bernie Sanders(I-VT) for other purposes. Referred to Committee Watch NYC on Environment and Public Works To amend the Federal Water Pollution Control Act to reauthorize certain House-4/9/19 Passed programs relating to nonpoint source management,and for other House 329-56. Received H.R. 1331 Rep.Angie Craig(D-MN) purposes. in Senate, referred to Watch NYC Committee on Environment and Public Works To amend the Federal Water Pollution Control Act with respect to House-3/15/19 permitting terms,and for other purposes. Referred to CASA, NACWA, H.R. 1764 Rep.John Garamendi (D-CA) Subcommittee on Water Watch ACWA-SUPPORTS Resources and Environment PFAS Detection Act of 2019. Requires the Director of the United States Senate-3/28/19 S.950 Sen. Debbie Stabenow(D-MI) Geological Survey to perform a nationwide survey of perfluorinated Referred to Committee Watch NYC compounds,and for other purposes. on Environment and Public Works Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS BLUE GLOBE Act. Improves data collection and monitoring of the Great Senate-3/28/19 Lakes oceans bays,estuaries,and coasts,and for other purposes. Referred to Committee S.933 Sen.Sheldon Whitehouse(D-RI) Watch NYC on Commerce,Science, and Transportation Coordinated Ocean Observations and Research Act of 2019. Reauthorizes Senate-4/3/19 Referred the Integrated Coastal and Ocean Observation System Act of 2009,to clarify to Committee on the authority of the Administrator of the National Oceanic and Atmospheric Commerce,Science,and S.914 Sen. Roger Wicker(R-MS) Watch NYC Administration with respect to post-storm assessments,and to require the Transportation establishment of a National Water Center, and for other purposes. Smart Energy and Water Efficiency Act of 2019. Provides for a smart water House-4/9/19 Referred resource management pilot program. to Committee on H.R.2019 Rep.Jerry McNerney(D-CA) Watch NYC Science,Space, and Technology Indian Water Rights Settlement Extension Act.Amends the Omnibus Public House-4/4/19 Land Management Act of 2009 to make the Reclamation Water Settlements Committee on Natural H.R. 1904 Rep. Raul Grijalva (D-CA) Watch NYC Fund permanent. Resources Hearings Held Water Quality Certification Improvement Act of 2019.Amends the Federal House-4/11/19 Water Pollution Control Act to make changes with respect to water quality Referred to H.R.2205 Rep. David McKinley(R-WV) certification,and for other purposes. Subcommittee on Water Watch NYC Resources and Environment Digital Coast Act. Requires the Secretary of Commerce,acting through the House-9/18/19 Administrator of the National Oceanic and Atmospheric Administration,to Reported out of establish a constituent-driven program to provide a digital information Committee on platform capable of efficiently integrating coastal data with decision-support Transportation and H.R.2189 Rep. Dutch Ruppersberger(D-MD) Watch NYC tools,training, and best practices and to support collection of priority Infrastructure as coastal geospatial data to inform and improve local,State, regional,and amended by unanimous Federal capacities to manage the coastal region,and for other purposes. consent Updated September 2019 OCSD Federal Bills of Interest AUTHORACTION SUMMAR LATEST • • • • OTHER JMMER..! :MAPOSITIONS A bill to require the Secretary of Commerce,acting through the Senate-4/9/19 Referred Administrator of the National Oceanic and Atmospheric Administration,to to Committee on establish a constituent-driven program to provide a digital information Commerce,Science,and platform capable of efficiently integrating coastal data with decision- Transportation S. 1069 Sen.Tammy Baldwin (D-WI) Watch NYC support tools,training,and best practices and to support collection of priority coastal geospatial data to inform and improve local,State, regional,and Federal capacities to manage the coastal region,and for other purposes. A bill to amend the Federal Water Pollution Control Act to make changes Senate-4/9/19 Referred with respect to water quality certification,and for other purposes. to Committee on S. 1087 Sen.John Barrasso(R-WY) Watch NYC Environment and Public Works S.A.V.E.Water Resources Act. Promotes water supply reliability and House-6/13/19 H.R.2473 Rep.Josh Harder(D-CA) improved water management for rural communities, the State of Subcommittees Hearings Watch NYC California, and the Nation, and for other purposes. held Safe Drinking Water Assistance Act of 2019. Improves and coordinate Senate-4/30/19 interagency Federal actions and provide assistance to States for responding Referred to Committee S. 1251 Sen.Jeanne Shaheen (D-NH) Watch NYC to public health challenges posed by emerging contaminants,and for other on Environment and purposes. Public Works WISE Act.Amends the Federal Water Pollution Control Act to require a House-5/1/19 Referred certain percentage of funds appropriated for revolving fund capitalization to Subcomittee of Water H.R.2458 Rep. Debbie Mucarsel-Powell (D-FL) grants be used for green projects,and for other purposes. Resrources and Watch NYC Environment Protect Drinking Water from PFAS Act of 2019. Requires the Environmental House-4/29/19 Protection Agency(EPA)to address the level of perfluoroalkyl and Referred to Committee polyfluoroalkyl substances(PFAS) in drinking water.Specifically,the EPA on Energy and H.R.2377 Rep. Brendan Boyle(D-PA) must publish a maximum contaminant level goal and promulgate a national Commerce Watch NYC primary drinking water regulation for total PFAS. PFAS are man-made chemicals that may lead to adverse human health effects. Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS To assist community water systems affected by PFAS contamination,and House-5/7/19 Referred H.R.2533 Rep. Frank Pallone(D-NJ) for other purposes. to Committee on Energy Watch NYC and Commerce To require the Administrator of the Environmental Protection Agency to House-5/7/19 Referred revise the Safer Choice Standard to provide for a Safer Choice label for to Committee on Energy H.R.2566 Rep. Darren Soto(D-FL) Watch NYC pots,pans,and cooking utensils that do not contain PFAS,and for other and Commerce purposes. PFAS Right-To-Know Act.Amends the Emergency Planning and Community House-5/8/19 Referred Right-To-Know Act of 1986 to include per-and polyfluoroalkyl substances on to Committee on Energy H.R.2577 Rep.Antonio Delgado(D-NY) Watch NYC the Toxics Release Inventory, and for other purposes. and Commerce A bill to encourage Federal agencies to expeditiously enter into or amend Senate-5/8/19 Referred cooperative agreements with States for removal and remedial actions to to Committee on S. 1372 Sen. Debbie Stabenow(D-MI) address PFAS contamination in drinking,surface,and ground water and Environment and Public Watch NYC land surface and subsurface strata,and for other purposes. Works Labor,Health and Human Services,Education,Defense,State,Foreign House-6/19/19 Passed Operations,and Energy and Water Development Appropriations Act,2020. House 226-203 H.R.2740 Rep. Rosa De Lauro(D-CT) Making appropriations for energy and water development and related Watch NYC agencies for the fiscal year ending September 30,2020,and for other purposes. Commerce,Justice,Science,Agriculture,Rural Development, Food and House-6/25/19 Pased Drug Administration,Military Construction,Veterans Affairs, House 227-194 Transportation,and House and Urban Development Appropriations Act, H.R.3055 Rep.Jose Serrano(D-NY) Watch NYC 2020. Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2020,and for other purposes. Updated September 2019 OCSD Federal Bills of Interest AUTHOR SUMMARY LATEST ACTIONOCSID POSITION OTHER jM I L POSITIONS Water Infrastructure Trust Fund Act of 2019. To establish a Water House-5/15/19 Infrastructure Trust Fund,and for other purposes. Referred to H.R.2705 Rep. Earl Blumenauer(D-OR) Subcommittee on Water Watch NYC Resources and Environment Buy America 2.0 Act. To standardize and extend certain Buy America House-5/16/19 H.R.2755 Rep. Brendan Boyle(D-PA) Provisions. Referred to Watch NYC Subcommittee on Aviation Protect Drinking Water from PFAS Act of 2019. A bill to amend the Safe House-5/15/19 Drinking Water Act to require the Administrator of the Environmental Referred to Committee S. 1473 Sen. Kristen Gillibrand (D-NY) Watch NYC Protection Agency to set maximum contaminant levels for certain chemicals, on Environment and and for other purposes. Public Works Reinventing Economic Partnerships and Infrastructure Redevelopment Act. Senate-5/16/19 A bill to facilitate efficient investments and financing of infrastructure Referred to Committee S. 1535 Sen. Mark Warner(D-VA) projects and new, long-term job creation through the establishment of an on Finance Watch NYC Infrastructure Financing Authority,and for other purposes. Stop Sewage Overflow Act. To make certain municipalities eligible for House-5/16/19 grants under the Federal Water Pollution Control Act,and for other Referred to H.R.2776 Rep. Lori Trahan (D-MA) purposes. Subcommittee on Water Watch NYC Resources and Environment PFAS Monitoring Act of 2019. To amend the Safe Drinking Water Act to House-5/16/19 require continued and expanded monitoring of perfluoroalkyl and Referred to Committee H.R.2800 Rep. Elissa Slotkin (D-MI) Watch NYC polyfluoroalkyl substances in drinking water,and for other purposes. on Energy and Commerce Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL ACTION SUMMAR LATEST OCSID POSITION OTHER AMMER.! LMAM , POSITIONS A bill to include certain perfluoroalkyl and polyfluoroalkyl substances in Senate-6/27/19 Passed the toxics release inventory,and for other purposes. as an amendment to S. 1507 Sen.Shelley Moore Capito(D-WV) National Defense Watch NYC Authorization Act(S. 1790) Contaminant and Lead Electronic Accounting and Reporting Requirements Senate-5/22/19 for(CLEARR)Drinking Water Act of 2019. Amends the Safe Drinking Water Referred to Committee S.1613 Sen. Ed Markey(D-MA) Act to update and modernize the reporting requirements for contaminants, on Environment and Watch NYC including lead, in drinking water,and for other purposes. Public Works Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer Senate-7/18/19 S.1570 Sen.James Risch (R-ID) recharge,and for other purposes. Subcommittee Hearings Watch NYC Held Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer House-5/21/19 H.R.2871 Rep. Russ Fulcher(R-ID) recharge,and for other purposes. Referred to Committee Watch NYC on Natural Resources Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL ACTION a SUMMARY LATEST OCSID POSITION OTHER POSITIONS Local Water Protection Act. Amends the Federal Water Pollution Control Senate-5/22/19 Act to reauthorize certain programs relating to nonpoint source Referred to Committee S. 1604 Sen.Amy Klobuchar(D-MN) Watch NYC management,and for other purposes. on Environment and Public Works Living Shorelines Act of 2019. Directs the Administrator of the National Senate-6/5/19 Referred Oceanic and Atmospheric Administration to make grants to State and local to Committee on governments and nongovernmental organizations for purposes of carrying Commerce,Science and S. 1730 Sen. Kamala Harris(D-CA) Watch NYC out climate-resilient living shoreline projects that protect coastal Transportation communities by supporting ecosystem functions and habitats with the use of natural materials and systems,and for other purposes. Safe Water for Military Families Act. Directs the Secretary of Defense to House-6/12/19 H.R.3226 Rep.Andy Kim (D-NJ) prohibit the use of firefighting foam containing perfuoroalkyl or Referred to Committee Watch NYC polyfluoroalkyl substances, and for other purposes. on Armed Services A bill to require the Administrator of the Environmental Protection Agency Senate-6/13/19 to establish a discretionary grant program for drinking water and Referred to Committee S. 1837 Sen. Kristen Gillibrand (D-NY) Watch NYC wastewater infrastructure projects,and for other purposes. on Environment and Public Works To require the Administrator of the Environmental Protection Agency to House-6/14/19 establish a discretionary grant program for drinking water and wastewater Referred to H.R.3254 Rep.Antonio Delgado(D-NY) infrastructure projects,and for other purposes. Subcommittee on Water Watch NYC Resources and Environment Updated September 2019 OCSD Federal Bills of Interest AUTHORML I � A& J6.SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS..dl Wastewater Infrastructure Workforce Investment Act.To amend the House-6/27/19 Federal Water Pollution Control Act with respect to wastewater Referred to the H.R.3521 Rep.Greg Stanton (D-AZ) infrastructure workforce development,and for other purposes. Subcommittee on Water Watch NYC Resources and Environment National Opportunity for Lead Exposure Accountability and Deterrence Act Senate-7/11/19 of 2019. To amend the Safe Drinking Water Act to improve transparency Referred to Committee S.2086 Sen.Tammy Duckworth (D-IL) Watch NYC under the national primary drinking water regulations for lead and copper, on Environment and and for other purposes. Public Works Drought Resiliency and Water Supply Infrastructure Act. To support water Senate-7/18/19 CASA, NACWA, S.1932 Sen. Cory Gardner(R-CO) infrastructure in Reclamation States, and for other purposes. Subcommittee Hearings Watch NWRA,ACWA Held SUPPORTS To direct the Administrator of the National Oceanic and Atmospheric House-7/25/19 Administration to make grants to State and local governments and Subcommittee Hearings nongovernmental organizations for purposes of carrying out climate- held H.R.3115 Rep. Frank Pallone(D-NJ) Watch NYC resilient living shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems,and for other purposes. Protect and Restore America's Estuaries Act.To amend the Federal Water House-9/20/19 Pollution Control Act to reauthorize the National Estuary Program, and for Reported out of H.R.4044 Rep.Tom Malinowski (D-NJ) other purposes. Committee on Watch NYC Transportation and Infrastructure by voice vote Updated September 2019 OCSD Federal Bills of Interest AUTHORML EM IL SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS Water Resources Research Amendments Act. To amend the Water House-7/25/19 Resources Research Act of 1984 to reauthorize grants for and require Subcommittee on H.R.3510 Rep.Josh Harder(D-CA) Watch NYC applied water supply research regarding the water resources research and Water, Oceans,and technology institutes established under that Act. Wildlife held Desalination Development Act. To promote desalination project House-7/25/19 development and drought resilience,and for other purposes. Subcommittee on H.R.3723 Rep. Mike Levin (D-CA) Watch NYC Water,Oceans, and Wildlife hearing held National Opportunity for Lead Exposure Accountability and Deterrence Act House-7/10/19 of 2017. To amend the Safe Drinking Water Act to improve transparency Referred to Committee H.R.3677 Rep. Dan Kildee(D-MI) Watch NYC under the national primary drinking water regulations for lead and copper, on Energy and and for other purposes. Commerce Creating Opportunity And Sustainability Through Science Act.To require House-8/7/19 Referred research in coastal sustainability and resilience,to ensure that the Federal to Subcommittee on H.R.3919 Rep.Seth Moulton (D-MA) Government continues to implement and advance coastal resiliency efforts, Water,Oceans, and Watch NYC and for other purposes. Wildlife Environmental Justice Act of 2019. To require Federal agencies to address Senate-7/23/19 S.2236 Sen. Cory Booker(D-NJ) environmental justice,to require consideration of cumulative impacts in Referred to Committee Watch NYC certain permitting decisions, and for other purposes. and Public Works Water Justice Act. To provide supplemental appropriations for safe and House-9/4/19 Referred secure water,and for other purposes. to Subcommittee on H.R.4033 Rep. Dan Kildee(D-MI) Commodity Exchanges, Watch NYC Energy, and Credit Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL ACTION SUMMAR LATEST OCSID POSITION OTHER AMMER.! I M� POSITIONS To amend the Water Resources Reform and Development Act of 2014 to House-7/26/19 modify the procedure for communicating certain emergency risks,and for Referred to H.R.3944 Rep. Kevin Hern (R-OK) other purposes. Subcommittee on Water Watch NYC Resources and Environment Environmental Justice Act of 2019. To require Federal agencies to address House-8/15/19 environmental justice,to require consideration of cumulative impacts in Referred to certain permitting decisions,and for other purposes. Subcommittee on the H.R.3923 Rep. Raul Ruiz(D-CA) Watch NYC Constitution,Civil Rights, and Civil Liberties Clean Water Through Green Infrastructure Act. To establish centers of Senate-9/10/19 S.2456 Sen.Tom Udall (D-NM) excellence for innovative stormwater control infrastructure,and for other Referred to Committee Watch NYC purposes. on Environment and Public Works Clean Water Through Green Infrastructure Act. To establish centers of House-9/10/19 excellence for innovative stormwater control infrastructure,and for other Referred to H.R.4266 Rep. Denny Heck(D-WA) purposes. Subcommittee on Water Watch NYC Resources and Environment Water Justice Act. To provide supplemental appropriations for safe and Senate-9/11/19 secure water,and for other purposes. Referred to Committee S.2466 Sen. Kamala Harris(D-CA) Watch NYC on Environment and Public Works Updated September 2019 OCSD Federal Bills of Interest AUTHORBILL E a .� 4m SUMMARY LATEST ACTIONOCSID POSITION OTHER POSITIONS Energy and Water Development and Related Agencies Appropriations Act, Senate-9/12/19 2020. Provides FY2020 appropriations for U.S.Army Corps of Engineers civil Reported out of S.2470 Sen. Lamar Alexander(R-TN) works projects,the Department of the Interior's Bureau of Reclamation,the Committee on Watch NYC Department of Energy(DOE), and independent agencies such as the Nuclear Appropriations 31-0. Regulatory Commission. Continuing Appropriations Act,2020,and Health Extenders Act of 2019 House-9/18/19 Passed H.R.4378 Rep. Nita Lowey(D-NY) House 301-123. Watch NYC Received in Senate. A bill to require the Director of the National Institute of Standards and Senate-9/19/19 Technology to conduct a study of personal protective equipment worn by Referred to Committee S.2525 Sen.Jeanne Shaheen (D-NH) Watch NYC firefighters to determine the prevalence and concentration of per-and on Commerce,Science, polyfluoroalkyl substances,and for other purposes. and Transportation PREPARE Act of 2019. To enhance the Federal Government's planning and House-9/17/19 preparation for extreme weather and the Federal Government's Reported out of dissemination of best practices to respond to extreme weather,thereby Committee on H.R.4347 Rep. Matt Cartwright(D-PA) Watch NYC increasing resilience, improving regional coordination,and mitigating the Transportation and financial risk to the Federal Government from such extreme weather,and Infrastructure by voice for other purposes. vote Legend: ACC-OC-Association of California Cities,Orange County LOCC-League of California Cities NYC-Not Yet Considered CASA-California Association of Sanitation Agencies NACWA-National Association of Clean Water Agencies ACWA-Association of California Water Agencies CSDA-California Special Districts Association Updated September 2019 T 0 W N S E N D TPA To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: September 23, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update The Legislature concluded the first year of this current two-year session on September 13. After going late into the night, the Legislature sent the Governor over 700 bills for his consideration. The Governor has until October 13 to sign or veto any legislation. All bills that failed to pass the Legislature are now two-year bills and will be eligible for consideration when the Legislature returns from interim recess. The Legislature will reconvene on January 6 for the second year of the two-year session. Due to Proposition 54 in 2016, all bills have to be in print for 72 hours prior to being considered on the Floor. Major topics of discussion for the final weeks of the legislative session included vaccinations, environmental permitting, and labor classifications. Split Role Tax On August 13, ballot organizers submitted initiative 17-0055, The California Schools and Local Communities Funding Act to be eligible for the November 3, 2020 general election. The ballot measure, commonly referred to as "Split Roll" or "Proposition 13 Reform," requires certain commercial and industrial real property to be taxed based on fair-market value and dedicates portions of any increased revenue to education and local services. This change to assessment of property taxes is likely to result in an additional $10.8—$12 billion in annual revenues across the state, of which 40 percent would go to education and 60 percent would go to local services. Proposition 13 Background The People's Initiative to Limit Property Taxation, or Proposition 13, was passed in 1978 in response to increasing property values and the corresponding increases in property taxes. Proposition 13 ensures that valuations of property may not grow by more than 2 percent annually and that market value reassessment may only occur with a change of ownership or the completion of new construction. Proposition 13 also created a requirement that all state and local tax increases must be approved by a two-thirds vote of the voting public or the Legislature. Proposition 13 was intended to prevent increasing property values and taxes from making homeownership too costly for residents. However, the measure did not differentiate between residential properties and commercial properties. Residential properties change ownership, and are therefore reassessed, every 10 years on average. Larger commercial properties in the State rarely change ownership and are therefore not reassessed on a regular basis. The unintended result has been that the proportion of property tax revenues paid by residents and commercial owners have shifted over the last 40 years. Commercial property taxes accounted for roughly 50 percent of property tax revenue prior to Proposition 13. Today, that number is closer to 28 percent, and a variety of independent studies have shown that this shift represents roughly $11 billion per year over the last decade that would have otherwise been paid in property taxes by commercial entities. In an effort to address this shifting dynamic, proponents of the split roll reform have proposed returning certain commercial properties to the previous assessment schedule—every three years—while allowing residential property owners to still benefit from the property tax protections put forth under Proposition 13. Support and Opposition Although California is more than a year away from the 2020 General Election, campaigns are already rolling out in support and opposition to the split roll reform. Proponents of the measure argue that the corporations have been abusing the intent of Proposition 13 to avoid paying their fair-share and note that the $11 billion in annual revenues would have gone to supporting special districts, schools, county and city services, and other local needs. They also state that reassessment of property taxes will level the playing field for small business that are adversely impacted by newer property rates and shift land-use policy to make building affordable housing more appealing. Opponents of the measure argue that taxes in California are already too high and that creating a split property tax policy will create a more hostile business climate throughout the state. They also note that dramatic increases for locally owned business could cause some companies to go out of business and could drive larger entities to other markets, resulting in increased unemployment and lower overall revenues for the State. As of the July 31 filing deadline, seven independent expenditure committees have filed with the Secretary of State in support of the initiative. These committees reported having $2,278,050 cash on hand. One independent expenditure committee has filed in opposition to the measure, with a total of$182,686 cash on hand. Next Steps Proponents of the ballot initiative have indicated that they intend to refile the initiative to include the following changes: • Expanded small business protections • Stronger education financing language to ensure every school receives funding equitably • Stronger zoning language to ensure large corporations cannot avoid reassessment TPA will continue to monitor this issue, provide timely updates, and determine the impact of this ballot initiative to the Sanitation District. 0 September 2019 Report 2 Cap and Trade Auction On August 27, the California Air Resources Board (CARB) conducted their third Cap and Trade auction of 2019. The Cap and Trade program is a greenhouse gas emission reduction strategy that places a statewide cap on emissions and auctions off emission allowances on a quarterly basis. Major carbon emitters must bid on allowances in order to report their total emissions to the state each year. Once again, all available emission credits were sold, and the state expects to receive over$730 million from the August 2019 auction. Revenues generated from the Cap and Trade program currently fund various transportation projects, affordable housing, and sustainable community programs. 40 percent of the revenue is available through the discretion of the Legislature for future appropriations for projects that will reduce greenhouse gas emissions. The next Cap and Trade auction will take place in November 2019. CalRecycle Organics Grant Program The annual Cap and Trade expenditure plan routinely allocates funding to CalRecycle for waste diversion programs. CalRecycle administers several programs with this allocation including the Organics Grant Program, which specializes in funding projects that have a measurable greenhouse gas reduction benefit from the reduction and recycling of organic waste. CalRecycle has released its Notice of Funding Availability (NOFA) for the FY 18-19 and FY 19- 20 Organics Grant Program. Projects that construct, renovate, or expand facilities to increase in- state infrastructure for the composting or digestion of organics or the pre-processing of organics will be eligible for up to$3 million and must result in an increase of tons of green or food materials diverted from landfills. Project proposals are due November 7 with awards anticipated in March 2020. Additional Priority Legislation AB 1184 (Gloria) — Public records: writing transmitted by electronic mail. retention. Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public's business prepared, owned, or used by any public agency that is transmitted by electronic mail. AB 1184 was passed by the Legislature and is currently on the Governor's desk. OCSD Legislative Plan: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. SB 1 (Atkins) — California Environmental, Public Health, and Workers Defense Act of 2019 SB 1 seeks to freeze federal Clean Air Act, Clean Water Act, Safe Drinking Water Act, Endangered Species Act, Fair Labor Standards Act, Occupational Safety and Health Act and Coal C) September 2019 Report 3 Mine Health and Safety Act requirements to those in place as of January 19, 2017. SB 1 refers to federal requirements existing as of this date, as "baseline federal standards." SB 1 is intended to "ensure continued protections for the environment, natural resources, and public health and safety" in California, even if the noted federal laws are "undermined, amended or repealed" by making the baseline environmental standards the new floor for environmental and worker protections in California. SB 1 was passed by the Legislature and is currently on the Governor's desk. Soon after SB 1 was passed, the Governor released a statement saying that he intends to veto SB 1 due to concerns echoed by the water industry. OCSD Legislative Plan: Public Health - Protection of public health is OCSD's core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. SB 210 (Leyva) — Heavy-Duty Vehicle Inspection and Maintenance Program SB 210 directs the Air Resources Board (ARB)to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non- gasoline, heavy-duty, on-road trucks. Specifically, SB 210 would develop a pilot program to measure and enforce new regulations on heavy duty on-road trucks and then require ARB to adopt a full program within two years after the pilot program ends. SB 210 was passed by the Legislature and is currently on the Governor's desk. OCSD Legislative Plan: Air Quality- Support measures that maintain and enhance local decision- making authority, where appropriate, in the development and implementation of air quality attainment strategies SB 667 (Hueso) — Greenhouse gases: recycling infrastructure and facilities. SB 667 would require CalRecycle in coordination with the Treasurer to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. This bill also requires CalRecycle to develop and amend a 5-year investment strategy to drive innovation and support technological development and infrastructure. SB 667 failed to pass the Assembly Appropriations Committee and is now a two-year bill. OCSD Legislative Plan: Biosolids and Biogas - Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. r�" September 2019 Report 4 OCSD State Bills of Interest SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER POSITION POSITIONS • . . . 2019-2020 High Priority AB 11 Chiu [D] Community Redevelopment Law of 2019 Current law dissolved Two Year Bill Watch State Priorities: Continue to ACCOC - NYC redevelopment agencies as of February 1, 2012, and designates monitor the state budget LOCC -Watch successor agencies to act as successor entities to the dissolved process and actively protect CASA- NYC redevelopment agencies. This bill, the Community Redevelopment Law the allocation of local ACWA- NYC of 2019, would authorize a city or county, or two or more cities acting property taxes to CSDA- Oppose jointly, to propose the formation of an affordable housing and special districts. unless amended infrastructure agency by adoption of a resolution of intention that meets specified requirements, including that the resolution of intention include a passthrough provision and an override passthrough provision, as defined. AB 68 Ting [D] Land use: accessory dwelling units. The Planning and Zoning Law Currently on the Watch Legislative and Regulatory ACCOC - NYC authorizes a local agency to provide, by ordinance, for the creation of Governor's Desk Policies: Special Districts - LOCC -Watch accessory dwelling units in single-family and multifamily residential Oppose further state CASA- NYC zones and sets forth required ordinance standards, including, among regulations that adversely ACWA- NYC others, lot coverage. This bill would delete the provision authorizing the impact special district CSDA-Watch imposition of standards on lot coverage and would prohibit an ordinance financing, operations, and from imposing requirements on minimum lot size. administration. AB 69 Ting [D] Land use: accessory dwelling units. Current law requires the Two Year Bill Watch Legislative and Regulatory ACCOC - NYC Department of Housing and Community Development to propose Policies: Special Districts - LOCC -Watch building standards to the California Building Standards Commission, and Oppose further state CASA- NYC to adopt, amend, or repeal rules and regulations governing, among other regulations that adversely ACWA- NYC things, apartment houses and dwellings, as specified. This bill would impact special district CSDA-Watch require the department to propose small home building standards financing, operations, and governing accessory dwelling units smaller than 800 square feet,junior administration. accessory dwelling units, and detached dwelling units smaller than 800 square feet, as specified, and to submit the small home building standards to the California Building Standards Commission for adoption on or before January 1, 2021. AB 134 Bloom [D] Safe Drinking Water Restoration Would require the State Water Two Year Bill Watch State Priorities: Support ACCOC - NYC Resources Control Board to report to the Legislature by July 1, 2025, on legislation or regulations that LOCC -Watch its progress in restoring safe drinking water to all California communities restrict the use of CASA- NYC and to create an internet website that provides data transparency for all microplastics in any product ACWA- NYC of the board's activities described in this measure. The bill would require that is disposed of through CSDA-Watch the board to develop metrics to measure the efficacy of the fund in the sewer system. ensuring safe and affordable drinking water for all Californians. OCSD State Bills of Interest BILL AUTHOR SUMMARY A LATEST ACTION OCSD LEGISLATIVE PLAN OTHER -.Mi &a._ POSITION POSITIONS AB 223 Stone [D] California Safe Drinking Water Act: microplastics The California Safe Two Year Bill Watch State Priorities: Support ACCOC - NYC Drinking Water Act requires the State Water Resources Control Board to legislation or regulations that LOCC -Watch administer provisions relating to the regulation of drinking water to restrict the use of CASA- NYC protect public health. Current law requires the state board, on or before microplastics in any product ACWA- NYC July 1, 2020, to adopt a definition of microplastics in drinking water and, that is disposed of through CSDA-Watch on or before July 1, 2021, to adopt a standard methodology to be used in the sewer system. the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements. AB 231 Mathis [R] California Environmental Quality Act: exemption: recycled water. Two Year Bill Watch State Priorities: Support ACCOC - NYC Would exempt from CEQA a project to construct or expand a recycled efforts to reform the LOCC -Watch water pipeline for the purpose of mitigating drought conditions for which California Environmental CASA- NYC a state of emergency was proclaimed by the Governor if the project Quality Act (CEQA)to ACWA- NYC meets specified criteria. Because a lead agency would be required to streamline current CSDA- Support determine if a project qualifies for this exemption, this bill would impose procedures a state-mandated local program. The bill would also exempt from CEQA and regulations for projects the development and approval of building standards by state agencies to refurbish or replace for recycled water systems. existing infrastructure facilities. AB 291 Chu Emergency preparedness Would establish a Local Emergency Two Year Bill Watch State Priorities: Secure ACCOC - NYC Preparedness and Hazard Mitigation Fund to support staffing, planning, funding through grants and LOCC -Watch and other emergency mitigation priorities to help local governments meet legislation for infrastructure, CASA- NYC emergency management, preparedness, readiness, and resilience goals. collection improvements and ACWA- NYC The bill would, upon appropriation by the Legislature, require the alternative renewable energy CSDA-Watch Controller to transfer$500,000,000 to the fund. The bill would require the at the Fountain Valley, Plant Office of Emergency Services to establish the Local Emergency No. 1 and Huntington Beach, Preparedness and Hazard Mitigation Fund Committee under the Plant No. 2. Standardized Emergency Management System Advisory Board. AB 292 Quirk [D] Recycled water: raw water and groundwater augmentation Current Two Year Bill Watch Legislative and Regulatory ACCOC - NYC law requires the State Water Resources Control Board, on or before Policies: Water Quality and LOCC -Watch December 31, 2023, to adopt uniform water recycling criteria for direct Supply- Support measures CASA- NYC potable reuse through raw water augmentation, as specified. This bill that promote and provide for ACWA- NYC would eliminate the definition of"direct potable reuse" and instead would the use of reclaimed water CSDA- Support substitute the term "groundwater augmentation"for"indirect potable reuse for groundwater recharge" in these definitions. The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation. OCSD State Bills of Interest AB 5527EGarcia [D] Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Two Year Bill Watch Legislative and Regulatory Flood Protection Bond Act of 2020. Would enact the Wildfire Policies: Grant Funding - Prevention, Safe Drinking Water, Drought Preparation, and Flood Support legislation, bonds, Protection Bond Act of 2020, which, if approved by the voters, would programs and projects that authorize the issuance of bonds in the amount of$3,920,000,000 provide funding for: pursuant to the State General Obligation Bond Law to finance a wildlife infrastructure construction prevention, safe drinking water, drought preparation, and flood protection and rehabilitation, special program.The bill would provide for the submission of these provisions to studies and research or the voters at the November 3, 2020, statewide general election. projects relating to security, environmental education, water quality, wastewater processing, urban runoff, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. AB 405 Rubio [D] Sales and use taxes: exemption: water treatment. Would exempt Two Year Bill Watch Guiding Principles: Seek ACCOC - NYC from Sales and Use Tax the gross receipts from the sale in this state of, funds for OCSD projects LOCC -Watch and the storage, use, or other consumption in this state of, chemicals through grants, CASA- Support used to treat water, recycled water, or wastewater regardless of whether appropriations, or other ACWA- NYC those chemicals or other agents become a component part thereof and means. CSDA- Support regardless of whether the treatment takes place before or after the delivery to consumers. AB 510 Cooley[D] Local government records: destruction of records. Current law Two Year Bill Watch Legislative and Regulatory ACCOC - NYC authorizes the head of a department of a county or city, or the head of a Policies: Security- Support LOCC -Watch special district to destroy recordings of telephone and radio legislation that would create CASA- NYC communications maintained by that county, city, or special district after efficiencies around the ACWA- NYC 100 days if that person receives approval from the legislative body and retention policy of CSDA- Sponsor the written consent of the agency attorney. This bill would exempt the surveillance video for head of a department of a county or city, or the head of a special district innocuous recordings. from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. OCSD State Bills of Interest AB 587 Friedman"[D] Accessory dwelling units: sale or separate conveyance Current Currently on the Watch Legislative and Regulatory ACCOC - NYC property tax law establishes a welfare exemption under which property is Governor's Desk Policies: Special Districts - LOCC -Watch exempt from taxation if the property is owned and operated by a Oppose further state CASA-Work w/ nonprofit corporation that is organized and operated for the purpose of regulations that adversely author building and rehabilitating single-family or multifamily residences for sale, impact special district ACWA- NYC as provided, at cost to low-income families. This bill would authorize a financing, operations, and CSDA-Watch local agency to allow, by ordinance, an accessory dwelling unit that was administration. created pursuant to the process described above to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met. AB 756 Garcia [D] Public water systems: perfluoroalkyl substances and Signed into law on July Watch Legislative and Regulatory ACCOC - NYC polyfluoroalkyl substances Would authorize the State Water 31. Policies: Source Control - LOCC -Watch Resources Control Board to order a public water system to monitor for Support legislation and CASA-Watch perfluoroalkyl substances and polyfluoroalkyl substances. The bill would funding mechanisms that ACWA-Watch require a community water system or a nontransient noncommunity reduce the amount of trash, CSDA-Watch water system, upon a detection of these substances, to report that waste, chemicals, and detection, as specified. The bill would require a community water system harmful organic material that or a nontransient noncommunity water system where a detected level of enter the sewer system. these substances exceeds the response level to take a water source where the detected levels exceed the response level out of use or provide a prescribed public notification. AB 841 Ting [D] Drinking water: contaminants: perfluoroalkyl and polyfluoroalkyl Two Year Bill Watch Legislative and Regulatory ACCOC - NYC substances. Would require the Office of Environmental Health Hazard Policies: Source Control - LOCC -Watch Assessment to adopt and complete a work plan within prescribed Support legislation and CASA-Watch timeframes to assess which substances in the class of perfluoroalkyl and funding mechanisms that ACWA-Watch polyfluoroalkyl substances should be identified as a potential risk to reduce the amount of trash, CSDA-Watch human health, as provided. The bill would require the office, as part of waste, chemicals, and those assessments, to determine which of the substances are harmful organic material that appropriate candidates for notification levels to be adopted by the state enter the sewer system. board. The bill would require the Office of Environmental Health Hazard Assessment, by January 1, 2022, to provide to the Legislature an update on the assessment. AB 992 Mullin [D] Open meetings: local agencies: social media Would provide that the Two Year Bill Watch Legislative and Regulatory ACCOC - NYC Ralph M. Brown Act does not apply to the posting, commenting, liking, Policies: Special Districts - LOCC -Watch interaction with, or participation in, internet-based social media platforms Oppose further state CASA-Approve that are ephemeral, live, or static, by a majority of the members of a regulations that adversely ACWA- NYC legislative body, provided that a majority of the members do not discuss impact special district CSDA- Support among themselves business of a specific nature that is within the subject financing, operations, and matter jurisdiction of the legislative body of the local agency. administration. OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER POSITION POSITIONS AB 1080 Gonzalez [D] California Circular Economy and Plastic Pollution Reduction Act Two Year Bill Watch State Priorities: Support ACCOC - NYC Would establish the California Circular Economy and Plastic Pollution legislation or regulations that LOCC - Support Reduction Act, which would require the Department of Resources restrict the use of CASA- NYC Recycling and Recovery, in consultation with the State Water Resources microplastics in any product ACWA- NYC Control Board and the Ocean Protection Council, to adopt, on or before that is disposed of through CSDA- NYC January 1, 2023, regulations to achieve, by 2030, a 75% reduction by the sewer system. manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. AB 1180 Friedman [D] Water: recycled water The California Safe Drinking Water Act requires Currently on the Watch Legislative and Regulatory ACCOC - NYC the State Water Resources Control Board to administer provisions Governor's Desk Policies: Recycled Water- LOCC -Watch relating to the regulation of drinking water to protect public health. support measures that CASA- Support Current law requires, on or before January 1, 2020, the state board to promote and provide for the ACWA- NYC adopt standards for backflow protection and cross-connection control use of reclaimed water. CSDA- Support through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. AB 1184 Gloria [D] Public records: writing transmitted by electronic mail: retention Currently on the Watch Legislative and Regulatory ACCOC - NYC Would, unless a longer retention period is required by statute or Governor's Desk Policies: Special Districts - LOCC - Oppose regulation, require a public agency for purposes of the California Public Oppose further state CASA-Watch Records Act to retain and preserve for at least 2 years every writing regulations that adversely ACWA- NYC containing information relating to the conduct of the public's business impact special district CSDA- Oppose prepared, owned, or used by any public agency that is transmitted by financing, operations, and electronic mail. administration. AB 1588 Gloria [D] Drinking water and wastewater operator certification programs Currently on the Watch Legislative and Regulatory ACCOC - NYC Current law requires a person who operates a nonexempt wastewater Governor's Desk Policies: Special Districts - LOCC -Watch treatment plant to possess a valid, unexpired wastewater certificate or Oppose further state CASA- Support water treatment operator certificate of the appropriate grade. This bill, regulations that adversely ACWA- NYC when applying for certification by the board as a water treatment impact special district CSDA- Support operator, distribution system operator, or wastewater operator, would financing, operations, and require operators of complex industrial facilities, including members of administration. the military and military service veterans, to receive appropriate equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified. OCSD State Bills of Interest BILL AUTHOR SUMMAR LATEST ACTION OCSD LEGISLATIVE PLAN OTHER POSITION POSITIONS AB 1672 Bloom [D] Solid waste: flushable products The California Integrated Waste Two Year Bill Support Legislative and Regulatory ACCOC - NYC Management Act of 1989, administered by the Department of Resources Policies: Source Control - LOCC -Watch Recycling and Recovery, generally regulates the disposal, management, Support legislation that CASA- Sponsor and recycling of solid waste. This bill would, among other things, on or regulates the disposal of ACWA- Support after January 1, 2021, prohibit a covered entity, as defined, from labeling flushable wipes. CSDA- Support a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe that meets certain performance standards. The bill would require nonflushable products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. ACA 1 Aguiar-Curry[D] Local government financing: affordable housing and public Currently on the Watch Guiding Principles: Seek ACCOC - NYC infrastructure: voter approval. The California Constitution prohibits the Assembly Floor funds for OCSD projects LOCC - Support ad valorem tax rate on real property from exceeding 1% of the full cash through grants, CASA- Support value of the property, subject to certain exceptions. This measure would appropriations, or other ACWA- NYC create an additional exception to the 1% limit that would authorize a city, means; CSDA- Support county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. SB 1 Atkins [D] California Environmental, Public Health, and Workers Defense Act Currently on the Watch Legislative and Regulatory ACCOC - NYC of 2019. This bill seeks to freeze federal Clean Air Act, Clean Water Act, Governor's Desk Policies: Public Health: LOCC -Watch Safe Drinking Water Act, Endangered Species Act, Fair Labor Standards Protection of public health is CASA- NYC Act, Occupational Safety and Health Act and Coal Mine Health and OCSD's core mission. OCSD ACWA- Oppose Safety Act requirements to those in place as of January 19, 2017. SB 1 will work cooperatively with CSDA- NYC refers to federal requirements existing as of this date, as "baseline county and state health federal standards." SB 1 is intended to "ensure continued protections for officers to assure local health the environment, natural resources, and public health and safety" in protection. California, even if the noted federal laws are "undermined, amended or repealed" by making the baseline environmental standards the new floor for environmental and worker protections in California OCSD State Bills of Interest AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER EK__ POSITION POSITIONS SB 5 Beall [D] Local-State Sustainable Investment Incentive Program Would Currently on the Watch State Priorities: Continue to ACCOC - NYC establish in state government the Affordable Housing and Community Governor's Desk monitor the state budget LOCC - Support Development Investment Program, which would be administered by the process and actively protect CASA-Watch Affordable Housing and Community Development Investment the allocation of local ACWA- NYC Committee. The bill would authorize a city, county, city and county,joint property taxes to CSDA-Watch powers agency, enhanced infrastructure financing district, affordable special districts. housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. SB 13 Weickowski [D] Accessory dwelling units Would authorize the creation of accessory Currently on the Watch Legislative and Regulatory ACCOC - NYC dwelling units in areas zoned to allow single-family or multifamily Governor's Desk Policies: Special Districts - LOCC - Oppose dwelling use. The bill would also revise the requirements for an Oppose further state unless amended accessory dwelling unit by providing that the accessory dwelling unit may regulations that adversely CASA-Work w/ be attached to, or located within, an attached garage, storage area, or impact special district author other structure, and that it does not exceed a specified amount of total financing, operations, and ACWA- NYC floor area. Bill was amended to remove the cap on capacity and administration. CSDA- Oppose connection fees that agencies can charge new ADUs. SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Currently in the Senate Watch Legislative and Regulatory ACCOC - NYC Management Act of 1989, administered by the Department of Resources Rules Committee Policies: Biosolids and LOCC -Watch Recycling and Recovery, generally regulates the disposal, management, Biogas - Limit redundant CASA- NYC and recycling of solid waste.This bill would state the intent of the reporting requirements on ACWA- NYC Legislature to enact legislation that would address the collapse of foreign organics, recyclable material, CSDA-Watch recycling markets by reducing solid waste generation, encouraging and solid waste as mandated transition to compostable or recyclable materials, and fostering domestic by AB 901. recycling markets. OCSD State Bills of Interest AUTHOR SUMMARY LATEST ACTION OCSD LEGISLATIVE PLAN OTHER EK_ Ahl POSITION POSITIONS SB 134 Hertzberg [D] Water conservation: water loss performance standards: Signed into law on Watch Legislative and Regulatory ACCOC - NYC enforcement. Current law requires the State Water Resources Control August 30, 2019 Policies: Water Supply- LOCC -Watch Board, no earlier than January 1, 2019, and no later than July 1, 2020, to Support legislation and CASA- NYC adopt rules requiring urban retail water suppliers to meet performance regulation that necessitate ACWA- NYC standards for the volume of water losses. This bill would prohibit the the responsible use of water CSDA- Support board from issuing an information order, written notice, or conservation in residential, commercial, order to an urban retail water supplier that does not meet its urban water and industrial areas use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier's standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. SB 200 Safe and Affordable Drinking Water Fund. Would establish the Safe Signed into law Watch State Tactics: Support tax ACCOC - NYC and Affordable Drinking Water Fund in the State Treasury to help water reform that LOCC -Watch systems provide an adequate and affordable supply of safe drinking protects public agencies CASA- NYC water in both the near and the long term. The bill would authorize the ACWA- NYC board to provide for the deposit into the fund of federal contributions, CSDA-Watch voluntary contributions, gifts, grants, and bequests and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the board to fund grants, loans, contracts, or services to assist eligible recipients. SB 210 Leyva [D] Heavy-Duty Vehicle Inspection and Maintenance Program. Current Currently on the Recommen Legislative and Regulatory ACCOC - NYC law requires the State Air Resources Board, in consultation with the Governor's Desk d Oppose Policies: Air Quality- LOCC -Watch Bureau of Automotive Repair and a specified review committee, to adopt Support measures that CASA-Watch regulations requiring owners or operators of heavy-duty diesel motor maintain and enhance local ACWA-Watch vehicles to perform regular inspections of their vehicles for excessive decision-making authority, CSDA-Watch emissions of smoke. Current law requires the state board, in consultation where appropriate, in the with the State Energy Resources Conservation and Development development and Commission, to adopt regulations requiring heavy-duty diesel motor implementation of air quality vehicles to use emission control equipment and alternative fuels. This bill attainment strategies would require the state board, in consultation with the bureau and other specified entities, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing heavy- duty vehicles into an inspection and maintenance program. OCSD State Bills of Interest AUTHOR SUMM LATEST ACTION OCSD LEGISLATIVE PLAN OTHER MK_ POSITION POSITIONS SB 332 Hertzberg [D] Wastewater treatment: recycled water. Would declare, except in Two Year Bill Watch State Legislation: Work with ACCOC - NYC compliance with the bill's provisions, that the discharge of treated legislators who introduced LOCC - Oppose wastewater from ocean outfalls is a waste and unreasonable use of legislation such as SB 163 CASA- Oppose water. The bill would require each wastewater treatment facility that (Hertzberg, 2015) in order to ACWA- NYC discharges through an ocean outfall and affiliated water suppliers to ensure that no unrealistic CSDA- Oppose reduce the facility's annual flow as compared to the average annual regulations are placed on wastewater discharge baseline volume, as prescribed, by at least 50% wastewater treatment on or before January 1, 2030, and by at least 95% on or before January facilities, including OCSD 1, 2040. The bill would subject the owner or operator of a wastewater treatment facility, as well as the affiliated water suppliers, to a civil penalty of$2,000 per acre-foot of water above the required reduction in overall volume discharge for the failure to meet these deadlines. SB 457 Hueso [D] Biomethane: gas corporations Under existing law, the Public Utilities Currently on the Watch Legislative and Regulatory ACCOC - NYC Commission has regulatory authority over public utilities, including gas Governor's Desk Polciies: Biosolids and LOCC -Watch corporations. Existing law authorizes the commission to fix the rates and Biogas -Support CASA- Refer to charges for every public utility and requires that those rates and charges streamlined legislation, Committee be just and reasonable. Existing law requires the commission to adopt regulations and policies that ACWA- NYC policies and programs that promote the in-state production and encourage the procurement CSDA- NYC distribution of biomethane, as defined, and that facilitate the of biogas, biosolids, and development of a variety of sources of in-state biomethane. This bill compost. would require the Public Utilites Commission to extend the program until December 31, 2026. This bill contains other related provisions and other existing laws. SB 667 Hueso [D] Greenhouse gases: recycling infrastructure and facilities. Would Two Year Bill Watch Legislative and Regulatory ACCOC - NYC require the Department of Resources Recycling and Recovery to Polciies: Biosolids and LOCC - Support develop, on or before January 1, 2021, and would authorize the Biogas -Support the CASA- Support department to amend, a 5-year investment strategy to drive innovation promotion and funding of ACWA- NYC and support technological development and infrastructure, in order to local pilot programs, studies, CSDA- NYC meet specified organic waste reduction and recycling targets, as and research for the provided. The bill would require, on or before June 1, 2021, the beneficial use of biosolids. department, in coordination with the Treasurer, to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. OCSD State Bills of Interest SB 732 Allen [D] Transactions and use tax. Current law establishes the South Coast Air Two Year Bill Watch Legislative and Regulatory ACCOC - NYC Quality Management District vested with the authority to regulate air Polciies: Air Quality- LOCC -Watch emissions from stationary sources located in the South Coast Air Basin Support air quality CASA- NYC and establishes a district board to govern the district. This bill would legislations, regulations, ACWA- NYC authorize the south coast district board to impose a transactions and use rules, and policies that CSDA- No tax within the boundaries of the south coast district, as specified, with the emphasize the use of position moneys generated from the transactions and use tax to be used to advanced technologies and supplement existing revenues being used for south coast district promote greater flexibility and purposes, as specified. financial incentives to reduce air emission. Legend: ACC-OC-Association of California Cities, Orange County LOCC - League of California Cities NYC - Not Yet Considered CASA- California Association of Sanitation Agencies ACWA-Association of California Water Agencies CSDA- California Special Districts Association OCSD's Grant and Loan Funding Tracker 2018-2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Pro ram Reason Match Deadline Category Rcvd Grant/ Applying for j g g rY Financing Y/N STATE The Organics Grant Program is part of California Climate Investments,a statewide program that puts billions of cap- and-trade dollars to work reducing greenhouse gas emissions,strengthening the economy,and improving public health and the environment-particularly in Food-Waste Co-Digestion disadvantaged and/or low-income communities. The Cap- facility at Plant No.2 in and-Trade program also creates a financial incentive for $16,112,753($13,312,753 is available for fiscal We will review the possible funding Organics Grant Program industries to invest in clean technologies and develop year FY 2018-19,and$2,800,000 is TBD Yes if we qualify. Huntington Beach to accept up o ortuni to determine if it is a fit for TBD 11/7/2019 Energy/RecyclingTBD 9 g 9 p y ( ) to 150 wet tons per day(wtpd) pp innovative ways to reduce pollution. California Climate available for fiscal year(FY)2019-20) of pre-processed source the Sanitation District. Investments projects include affordable housing, renewable energy,public transportation,zero-emission separated organics. vehicles,environmental restoration,more sustainable agriculture,recycling,and much more. At least 35 percent of these investments are made in disadvantaged and low- income communities. The Proposition 1 IRWM Grant Program,administered by TPA and OCSD are monitoring the DWR,provides funding for projects that help meet the grant program development from the long term water needs of the state,including: Santa Ana Watershed Project Integrated Regional Water Authority(SAWPA).The solicitation Management(IRWM)Grant Program Assisting water infrastructure systems adapt to climate $3,000,000.00 per grant award NA TBD(Round 2) NA for bids was announced by SAWPA 50% NA.Will return in 2021for Round 2 Water No change; and staff determined that an Providing incentives throughout each watershed to application for funding was not collaborate in managing the region's water resources and warranted due to a lack of eligible setting regional priorities for water infrastructure and competitive projects. FEDERAL The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally Reclamation is making up to$20 million The Sanitation District is applying for Title 16 will pay up to The Water Infrastructure authorized or are eligible under section 4009(c)of the WIIN Act to request cost-shared funding for planning, available for those projects authorized under $550,000 Yes Final Expansion of GWRS Headworks Segregation project that 25 percent of the 7/27/2018 Water/Infrastructure No Improvements Act(WIIN) design and/or construction of those Projects.Water the WIIN Act and$34 million for the Headworks(P2-122) will help to bring more water to the available money reclamation and reuse projects provide improved congressionally authorized Title XVI projects. GWRS. efficiency,flexibility during water shortages and diversifies the water supply. The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally The Sanitation District applied for authorized or are eligible under section 4009(c)of the Reclamation is making up to$20 million Title 16 will pay up to The Water Infrastructure Final Expansion WIIN Act to request cost-shared funding for planning, available for those projects authorized under $3 million Yes 2 GWRS Headworks Segregation project that 25 percent of the 6/28/2019 Water/Infrastructure TBD Improvements Act(WIIN) design and/or construction of those Projects.Water the WIIN Act. Headworks(P -122) will help to bring more water to the available money reclamation and reuse projects provide improved GWRS. efficiency,flexibility during water shortages and diversifies the water supply. Stormwater and CSO Grant Program USEPA is authorized to provide grants assistance of Funding cost-share is not identified in the law TBD TBD.We will monitor for possible TBD Funding must be appropriated as part TBD TBD Water/Infrastructure TBD public agencies to control stormwater flows and CSO's funding opportunities/A of current FY 2019 budget impasse Updated 9/24/2019 OCSD's Grant and Loan Funding Tracker 2018-2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Pro ram Reason Match Deadline Category Rcvd Grant/ Applying for j g g rY Financing Y/N A minimum of$20 million to as much as$100 Project Funding Opportunity: million based upon prior years'budgets. Energy production to reduce costs of USBR could receive as much as$130 million recycled water through innovative technologies like The Department of Energy(DOE), The DOE's Office of Energy Efficiency is likely to in support of the WaterSmart(due to We will review the possible funding We will monitor for possible Aquacritox,Innovative water USBR and USEPA continue to be funded by Congress to support such increased funding under WIIN)during the TBD TBD.funding opportunities monitoring technology that can opportunity to determine if it is a fit for N/A TBD Energy TBD efforts as biogas,biosolids and green energy. next several years.USBR will issue the Sanitation District. solicitations for innovative approaches to produce efficient real time managing water and water treatment through monitoring and data analysis, technology and processes. Improvogasements. Management and Use mprovements. Other The primary focus of the Community Partnering Program(CPP)is sponsorship of water conservation and water-use efficiency programs and activities.Applications must be submitted 30 days prior to the start date of the event or program. Community Partnering Program Grant Metropolitan Water District Requests for a maximum$2,000 award will be $2,000 Yes For Plant No.1 Signage Applied Match ongoing Education Yes reviewed year-round and funds are awarded throughout the year.Funds are limited, however,and may be depleted prior to the ending of this fiscal year(June 30). The California Government Operations Agency (GovOps)will award$500,000 in grants as part of the statewide California Mass Timber Building Competition.Grants will be awarded to selected proponent teams presenting viable Mass Timber Competition CalGovOps and repeatable mass timber solutions for $40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes commercial and multi-family projects in California.The competition is being hosted by GovOps and administered by WoodWorks— Wood Products Council. Updated 9/24/2019 SANir cc Presented By : G THE Eric Sapirstein ENS Resources, Inc . October 1. 4, 2019 • • Key Activeities FY202o APPROPRIATIONS TATUS =Mai 11 Am • Short Term Continuing Resolution—November 21 through December • Senate Action on Interior and Environment Spending Bill Uncertain • Core Water Quality Programs Fund ing—SRF—Maintained EXTENDED NPDES PERMITTERIVIS • House Committee Transportation & Infrastructure Offer Legislative Approach • Senate Committee on Environment and Public Works Open to Concept • Final Outcome Tied to Overall Water Infrastructure Initiatives Next Year ■ PFAS/PFOA: National Defense Authorization • House and Senate at Loggerheads on Superfund Designation of PFAS Stalling NDAAAction • House Committee on Energy and Commerce Moving Individual PFAS Legislation (Rouda H.R. 2570 Polluter Pays and Superfund Designation of PFAS Chemicals as Hazardous Waste Key Actions) 0 Legislative Outcome Unclear, But Burden for POTWs Now Recognized by Members of Congress Questions i� T WNSEND PUBLIC AFFAIRS EST T PA 1998 TH TPA Presentation to: } • �- WWW.TOWNSENDPA.COM Orange County Sanitation SACRAMENTO • WASHINGTON, DC NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA October s Agenda mb- Legislative Schedule and Deadlines Legislative Recap — Priority Two Year Bills Priority Legislation Status Legislative Proposals for 2020 Potential 2020 Ballot Measures Slide 2 Legislative Schedule and Deadlines Legislative Schedule Recap • September 13 was the last day to pass bills — Disruptions from protestors • Proposition 54 (2016) impacts • Approximately 2,600 policy bills were introduced • Just over 1 ,000 bills passed and were sent to the Governor SAC R , ENTOe"' Legislative Recap : Priority Two Year Bills Two-Year Bills • AB 510 (Cooley) — Local Government Records — Authorizes the destruction of routine video monitoring — Failed to pass Assembly Local Government Committee — Still of interest to CSDA and other agencies in 2020 • AB 1672 (Bloom) — Flushable Wipes — Places performance and labeling standards on flushable wipes — Failed to pass Assembly Appropriations Committee — Wide support from the wastewater industry Two-Year Bills (Continued ) • SIB 332 (Hertzberg) — Wastewater recycling — Requires reductions of ocean discharge volumes by 95% by 2040 — Failed to pass the Senate Appropriations Committee — Theme of mandating wastewater discharge reductions is expected to return • SIB 667 (Hueso) — Recycling infrastructure and facilities — Would help create incentives and financing mechanisms for the development of organic waste infrastructure — Failed to pass the Assembly Appropriations Committee — Organics recycling and funding is expected to be a larger topic as local mandated deadlines are approaching Priority Legislation Status 2019 Priority Legislation D- OCSD Ih Ah A Isposition AB 292 (Quirk) Changes the definition of potable reuse of recycled water by Support Two-year bill including raw water augmentation, treated drinking water augmentation, groundwater augmentation, or reservoir water augmentation within the definition of recycled water and deleting direct and indirect potable reuse. AB 405 (Rubio) Would exempt chemicals used by a city, county, public utility, Support Two-year bill and sanitation district to treat water, recycled water, or wastewater from sales tax AB 1184 (Gloria) Would require all public agencies to maintain and archive all Oppose Currently on the transmitted electronic communications for two years Governor's desk minimum. AB 1672 (Bloom) Would prohibit manufacturers from labeling wipes as Support Two-year bill "flushable" unless they meet objective standards SB 69 (Wiener) Provides $130 million per year for safe drinking water Oppose Unless Two-year bill projects from the Greenhouse Gas Reduction Fund. Amended SB 667 (Hueso) This bill would direct CalRecycle to create incentives and Support Two-year bill financing mechanisms for the development of organic waste infrastructure Legislative Proposals for 2020 2019 Legislative Proposals Bill Concept 1 - Bid Advertising Bill Concept 2 - Job Order Requirements Contracting Presented to CSDA Presented to CASA OCSD Led Legislative Proposals Bill Concept 3 — Video Surveillance Bill Concept 4 — Raising the Contract/Bid Threshold Bill Introduced by CSDA Presented to CASA Slide 11 Potential 2020 Ballot Measures • • otential 2020 Ballot Measures Split Roll Tax Reform — Amends Proposition 13 (1978) — Returns commercial properties to the previous reassessment schedule — 50 percent overall share in 1978 4 28 percent currently — $10.8 billion — $12 billion estimated annual revenues to schools and local services • Natural Resources/Climate Change/Wildfire Bonds — Starting point is $4 billion — Aiming for November 2020 ballot — Legislature will need to act quickly when they return — Money for safe drinking water, clean water revolving funds, climate resiliency, wildfire prevention vJNj V S A N I Tg � � O cc CDp Tf" W N S E N D PUBL , AF , AIR _. 9oT� THE EST TPA 1998 cr/N EN` PO Thank Cori Williams Eric O'Donnell Southern California Senior Director Senior Associate CWilliams@townsendpa.com EODonnell@townsendpa.com www.townsendQa.com www.townsendQa.com oJ�V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 LEGISLATIVE AND PUBLIC AFFAIRS (714)5937433 COMMITTEE 9oTFCTN0 THE Agenda Report File #: 2019-688 Agenda Date: 10/23/2019 Agenda Item No: 8. FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Public Affairs Update for the month of September 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders and neighboring communities • Listen to and seriously consider community input on environmental concerns PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation District) and the important work we do to keep the environment clean by using the wastewater byproducts to create energy, water recycling, and the use of biosolids. In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach, education, and general communication via the Sanitation District's website, social media outlets, and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater. Orange County Sanitation District Page 1 of 3 Printed on 10/16/2019 powered by LegistarTM File #: 2019-688 Agenda Date: 10/23/2019 Agenda Item No: 8. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION September 2019 Activity ft ft of Guests OCSD/OCWD Tours 6 83 OCSD Tours 7 66 Speaking Engagements 11 0 Current Activities - September 2019 Ice Cream Social On September 18, the Sanitation District held an Ice Cream Social where employees and Board members came to take a quick break and celebrate the end of the summer and the 2019 Beach Water Quality Report. A commemorative sticker was handed out to both the employees and Board members. These stickers will be used for future outreach events as a tool to discuss environmental programs related to water quality. Utility of the Future The Sanitation District was recently named the Utility of Future for the second time. The Sanitation District's General Manager was at the Water Environment Federation Conference in Chicago to accept the award. The Utility of the Future celebrates the achievements of water utilities that transform from traditional wastewater treatment to a resource recovery facility and leader in the overall sustainability and resiliency of the communities they serve. Construction Outreach The Santa Ana River Interceptor (SARI) Rock Stabilization Removal project in the City of Yorba Linda has started. The 54-inch SARI pipeline was relocated to the south side of the Santa Ana River riverbed. Rocks were temporarily placed under special permits around the pipeline's previous alignment in the riverbed to protect from erosion damage. As part of the permit conditions, the rocks need to be removed. The contractor has started the work to remove over 20,000 tons of rocks. The project was previously scheduled to start earlier in the year but was postponed due to nesting birds in Orange County Sanitation District Page 2 of 3 Printed on 10/16/2019 powered by LegistarTM File #: 2019-688 Agenda Date: 10/23/2019 Agenda Item No: 8. the area. Notifications will be provided to residents once work commences near residential neighborhoods. A notification was sent to Plant No. 1 neighbors in Fountain Valley about the removal of shrubs and overgrown vegetation along Ward Street. The shrubs posed a safety concern as a campground and storage area for unwanted individuals as well as a fire hazard. The notification included information about a future project for additional site security for the area. As part of the Huntington Beach Plant No. 2 Outreach Program, neighbors participated in a Plant No. 2 tour on September 14 to learn more about the Sanitation District and upcoming construction projects. The community liaison attended the Southeast Area Council Committee Meeting in Huntington Beach to continue to build relationships with the community. A condition assessment of existing structures outside of Plant No. 2 in Huntington Beach in the Santa Ana River is taking place. Some of the activities can only be performed during low tide during the early morning hours and varies day by day. A notification was provided to the surrounding community to alert them of activity they may notice along the river. A maintenance project to install erosion control measures to protect existing facilities near the Santa Ana River in Huntington Beach required the temporary closure of a private gate to a residential complex. The community liaison worked directly with the residential Homeowner's Association and provided notification to the residents about the gate closure. CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Outreach Report September 2019 • Media Clips September 2019 Orange County Sanitation District Page 3 of 3 Printed on 10/16/2019 powered by LegistarT" Outreach Report September 2019 9/4/2019 Director Brenner Tour 3 9/12/2019 CSULB Nursing Tour 15 9/12/2019 Central Contra Costa San Dist. 5 9/14/2019 Plant 2 Tour 10 9/18/2019 CSUF Nursing tour 12 9/19/2019 Speaking Engagement - Business Develo 40 9/20/2019 CMSD Citizens Group Tour 25 9/23/2019 Cypress College Tour 20 9/24/2019 New Employee/Open Tour 20 9/25/2019 CSUF Nursing tour 24 9/25/2019 Tripepi Smith Tour 2 9/26/2019 CSUF Nursing tour 24 9/27/2019 CSUF Nursing tour 24 9/30/2019 Director Peterson Tour 3 Table of Contents GWRS................................................... ............................... PAGE 1 August 17, 2019 District awarded grants that impact global water purification research California Water News Daily September 12, 2019 OCWD Board of Directors approves Construction for the Final Expansion of the World-Renowned Groundwater Replenishment System Water Online September 15, 2019 OCWD Greenlights Final Phase of Groundwater Replenishment System California Water Environment Association September 16, 2019 OCWD to construct final expansion of the world-renowned groundwater replenishment system Smart Water Magazine HUMAN INTEREST.................................................................... PAGE 17 September 11, 2019 Unquenchable Thirst: Groundwater Bill could shift state's water management approach By: Char Miller KCET September 12, 2019 California student design competition winners head to WEFTEC By: Megan Barillo California Water Environment Association SPILLS.................................................... ............................... PAGE 22 September 3, 2019 Vice Chair Michelle Steel's statement on sewage spill and Huntington Harbor water closure By: Michelle Steel Orange County Breeze TWITTER POSTINGS ................................................................ PAGE 24 FACEBOOK POSTINGS ............................................................PAGE 25 MonthlyClippingsNews o THE ENv September 2019 OCSD Public Affairs Office California Water News Daily August 17, 2019 7 44t4I District awarded grants that impact global water purification research By Califomia Water News Daily on August 17, 2019 3 i, try r t The Orange County Water District (OCWD; the District) has been named as an awardee of four new grants for research and development. These 2019 grants highlight global and national partnerships OCWD has formed with other industry leaders at the forefront of water purification technologies. "OCWD's research and development staff are involved with promising new methods and technologies worldwide," said OCWD President Vicente Sarmiento. "Collaboration with top universities and international experts is important in moving water research forward. We are honored to be awarded this funding that supports advancements in potable reuse." The first grant of$168,000 was awarded by the Bureau of Reclamation to OCWD and partner Stanford University. Approximately $120,000 of the grant is designated specifically for OCWD. The funds will be used to study whether peracetic acid is effective at reducing the formation of toxic disinfection by-products 1 in advanced water treatment facilities. Evoqua Water Technologies is providing ultrafiltration membranes and pilot technical support for the project. Earlier this year, Japan's Ministry of Economy, Trade, and Industry (METI) awarded a grant to Yokogawa Electric Corporation for the development of a more rapid method for measuring viruses in water. METI named OCWD as a subawardee in the grant, along with the National Water Research Institute (NWRI). The District will receive a $25,000 portion of the grant to provide a technical review of Yokogawa's method, including an evaluation of the method's application in the water reuse industry with regards to membrane integrity. OCWD also received grants from the Water Research Foundation of$75,000 and the Metropolitan Water District of Southern California Future Supply Actions Funding Program of$150,000 to evaluate virus log removal in wastewater treatment for potable reuse with study partners Orange County Sanitation District, Michigan State University and NWRI. Finally, OCWD received $25,000 on a related grant from the Water Research Foundation that also seeks to demonstrate virus removal. Whereas the previous study will focus on demonstrating virus removal by the wastewater treatment process, this project will evaluate the advanced membrane treatment. The project is led by Carollo Engineers with partners from SPI, Southern Nevada Water Authority and Colorado School of Mines. To read more about OCWD's work in research and development, please visit https://www.ocwd.com/what- we-do/research-development/. 2 Water Online September 12, 2019 News Se tember 12, 2019 OCWD Board Of Directors Approves Construction For The Final Expansion Of The World-Renowned Groundwater Replenishment System The Orange County Water District (OCWD; the District) Board of Directors voted to award the contract to construct the 30 million gallon per day (MGD) Final Expansion of the world- renowned Groundwater Replenishment System (GWRS) to Shimmick Construction Company, Inc. The overall project cost is $310M with the construction portion being approximately $200M. The project will create an additional 31,000 acre-feet per year (AFY) of new water supplies to serve north and central Orange County bringing the total production of the GWRS to 134,000 AFY, enough water for one million people. Construction is estimated to be completed in 2023. Since 199o, Shimmick Construction has been a premier general engineering contractor in the West and, in 2017, was acquired by AECOM, a fully integrated global infrastructure firm serving governments, businesses and organizations in more than 150 countries. With a focus on heavy civil construction, Shimmick's successful projects span across all markets, from 3 bridges and water/wastewater treatment facilities to dams, transit/rail, foundations, electrical, and design-build. (www.shimmick.com) The initial 70-MGD GWRS project came online in 20o8, followed by a 3o-MGD expansion in 2015. The Final Expansion of the GWRS will take the project to its ultimate capacity of 130 MGD. "OCWD continues to invest in expanding the GWRS because it significantly increases local water reliability and quality for the 2.5 million people we serve in north and central Orange County," said OCWD President Vicente Sarmiento. "The GWRS has helped weather multi- year droughts and has decreased the region's dependence on imported supplies. Prior to coming online, the 19 water retailers OCWD serves could pump 62 percent of their water supply from OCWD's groundwater basin and, today, because of the GWRS they pump 77 percent. Our investment in this drought-resilient water supply project continues to pay off, while also serving as a model project for the rest of the world." A joint project of OCWD and the Orange County Sanitation District (OCSD), the GWRS is the world's largest advanced water purification system for potable reuse. OCSD treats wastewater and produces water clean enough to undergo purification at the GWRS, instead of discharging it into the Pacific Ocean. This water is then purified at the GWRS using a three- step advanced process consisting of microfiltration, reverse osmosis and ultraviolet light with hydrogen peroxide. The result is high quality water that meets and exceeds state and federal drinking water standards. This purified water is then injected into a seawater barrier and pumped to recharge basins where it naturally percolates into the Orange County Groundwater Basin, managed by OCWD, and supplements Orange County's drinking water supplies. Currently, GWRS water accounts for one-third of the water that is put into the basin. "We are proud of our partnership with OCWD, which has been in place for more than 40 years," said OCSD Chairperson David Shawver. "Our two agencies have made history together and continue to do so with the GWRS Final Expansion. This expansion will allow us to recycle too percent of OCSD's reclaimable wastewater, which will be yet another first in the wastewater and water recycling industry." As a fiscally responsible agency, OCWD makes every effort to secure grants and low-interest loans for capital projects. For the Final Expansion, the District secured $135M from the Environmental Protection Agency's Water Infrastructure Finance and Innovation Act (WIFIA) program. The program accelerates investment in the nation's water infrastructure by 4 providing long-term, low-cost supplemental loans for regionally and nationally significant projects. The Final Expansion also received $1.1M in grants from the U.S. Department of the Interior Bureau of Reclamation Title XVI Water Infrastructure Improvements for the Nation (WIIN) program. Additionally, the Final Expansion received the highest ratings for all North Orange County projects submitted through the Integrated Regional Water Management (IRWM) program for Prop 1 grant funding managed by the California Department of Water Resources. The project is currently slated to receive $3.6M in grants through the IRWM program. The remaining $186M will be funded through the Clean Water State Revolving Fund (SRF) Loan program. OCWD anticipates it will receive the final agreement for the SRF Loan prior to issuing the Notice to Proceed for the project, which will likely occur by mid to late October. The internationally renowned GWRS is one of the most celebrated engineering projects and has garnered more than 5o awards including the prestigious American Society of Civil Engineers (ASCE) 2009 Outstanding Civil Engineering Achievement Award for most outstanding national engineering project, and the Stockholm 2008 Industry Water Award for the most outstanding international water project. For more information, visit https://www.ocwd.com/gwrs/. About OCWD The Orange County Water District, formed in 1933, manages and protects the Orange County Groundwater Basin and operates the world's largest advanced potable reuse project of its kind. The District provides quality and reliable groundwater to the following 19 cities and water agencies in north and central Orange County and their 2.5 million customers: Anaheim, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Palma, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Stanton, Tustin,Villa Park, Westminster, and Yorba Linda. For more information, visit www.ocwd.com 5 California Water Environmental September 15, 2019 a MR, OCWD Greenlights Final Phase of Groundwater Replenishment System By CWEA September 15,2019 Views: 2 A""n �s �n x aFr 3 The Orange County Water District (OCWD; the District) Board of Directors voted to award the contract to construct the 30 million gallon per day (MGD) Final Expansion of the world- renowned Groundwater Replenishment System (GWRS) to Shimmick Construction Company, Inc. The overall project cost is $310 million with the construction portion being approximately $200 million. The project will create an additional 31,000 acre-feet per year (AFY) of new water supplies to serve north and central Orange County bringing the total production of the GWRS to 134,000 AFY, enough water for one million people. Construction is estimated to be completed in 2023. 6 Since 1990, Shnlmick_Constructio,n has been a premier general engineering contractor in the West and, in 2017, was acquired by AECOM, a fully integrated global infrastructure firm serving governments, businesses and organizations in more than 150 countries. With a focus on heavy civil construction, Shimmick's successful projects span across all markets, from bridges and water/wastewater treatment facilities to dams, transit/rail, foundations, electrical, and design- build. The initial 70-MGD GWRS project came online in 2008, followed by a 30-MGD expansion in 2015. The Final Expansion of the GWRS will take the project to its ultimate capacity of 130 MGD. "OCWD continues to invest in expanding the GWRS because it significantly increases local water reliability and quality for the IS million people we serve in north and central Orange County," said OCWD President Vicente Sarmiento. "The GWRS has helped weather multi-year droughts and has decreased the region's dependence on imported supplies. Prior to coming online, the 19 water retailers OCWD serves could pump 62 percent of their water supply from OCWD's groundwater basin and, today, because of the GWRS they pump 77 percent. Our investment in this drought-resilient water supply project continues to pay off, while also serving as a model project for the rest of the world." A joint project of OCWD and the Orange County Sanitation District (OCSD), the GWRS is the world's largest advanced water purification system for potable reuse. OCSD treats wastewater and produces water clean enough to undergo purification at the GWRS, instead of discharging it into the Pacific Ocean. This water is then purified at the GWRS using a three-step advanced process consisting of microfiltration, reverse osmosis and ultraviolet light with hydrogen peroxide. The result is high quality water that meets and exceeds state and federal drinking water standards. This purified water is then injected into a seawater barrier and pumped to recharge basins where it naturally percolates into the Orange County Groundwater Basin, managed by OCWD, and supplements Orange County's drinking water supplies. Currently, GWRS water accounts for one-third of the water that is put into the basin. "We are proud of our partnership with OCWD, which has been in place for more than 40 years," said OCSD Chairperson David Shawver. "Our two agencies have made history together and continue to do so with the GWRS Final Expansion. This expansion will allow us to recycle 100 percent of OCSD's reclaimable wastewater, which will be yet another first in the wastewater and water recycling industry." 7 As a fiscally responsible agency, OCWD makes every effort to secure grants and low-interest loans for capital projects. For the Final Expansion, the District secured $135 million from the Environmental Protection Agency's Water Infrastructure Finance and Innovation Act (WIFIA) program. The program accelerates investment in the nation's water infrastructure by providing long-term, low-cost supplemental loans for regionally and nationally significant projects. The Final Expansion also received $1.1 million in grants from the U.S. Department of the Interior Bureau of Reclamation Title XVI Water Infrastructure Improvements for the Nation (WIIN) program. Additionally, the Final Expansion received the highest ratings for all North Orange County projects submitted through the Integrated Regional Water Management (IRWM) program for Prop 1 grant funding managed by the California Department of Water Resources. The project is currently slated to receive $3.6 million in grants through the IRWM program. The remaining$186 million will be funded through the Clean Water State Revolving Fund (SRF) Loan program. OCWD anticipates it will receive the final agreement for the SRF Loan prior to issuing the Notice to Proceed for the project, which will likely occur by mid to late October. The internationally renowned GWRS is one of the most celebrated engineering projects and has garnered more than 50 awards including the prestigious American Society of Civil Engineers (ASCE) 2009 Outstanding Civil Engineering Achievement Award for most outstanding national engineering project, and the Stockholm 2008 Industry Water Award for the most outstanding international water project. 8 C Wastewater travels from your home or business ji� through local sewers and regional interceptors to our treatment plant near Elk Grove.There,we �* clean it and safely release it back to the river. 4 'ov F,'Hr. . . ., Alp 04. 4 .� FLC}rLrMr F4CtrtY PUMP S7ATICyW SEWERCOLLECTION SACRAMENTO REG OVAL COUNTY SANITATION DISTRICT RECYCLED WATER f UTURE ADVANCED WASTEVdATER TREATMENT PLANT This schematic from Sacramento Regional County Sanitation District is an example of how wastewater systems work. (Image: Sacramento Regional County Sanitation District) The district receives about 185 million gallons of sewage each day from more than 2 million people in north central Orange County (185 million gallons would fill a football field 515 feet deep). One hundred million gallons of that treated wastewater is put back to work to irrigate parks, schools and golf courses and help combat seawater intrusion. The district's collection system and manholes have been protected from corrosion since the 1960s and for the last decade, chemical treatment has been used to block formation of odorous and corrosion-causing compounds, said Thompson, noting that the district has been granted patents for its processes. 9 Re-evaluating Water Conservation Strategies The 2012-2016 drought was the driest in recorded state history. The extent of the impacts from reduced sewage flows — corrosion, odor problems as sewage pools in neighborhood pipes and increased salinity — surprised some people. The episode highlights what's needed in the future. "We know the next drought is coming. This is our reality to manage and adapt to," said Jelena Hartman, senior scientist with the State Water Board, at PPIC's April panel presentation on the report. "California policy on long-term water use efficiency should prioritize outdoor water use restrictions, which will have a lower impact on interconnected water systems, to achieve statewide demand management goals." 2017 California Urban Water Agencies white paper,Ad ntinc to Chanue: Utilitzi Sustems and Declining Flows Because many rivers rely on treated wastewater for water quality and flow, reductions in discharges can add to the environmental impacts on rivers when drought strikes, Hartman said. Less water flowing to rivers — whether from treatment plants, street runoff or stormwater flows — affects overall environmental quality. "It's not just water recycling," she said. "We are talking about low-impact development, capturing storm flows and reducing urban runoff." Meanwhile, the drive to ratchet down water use in California begs the question of whether conservation efforts could eventually shift because of the impacts to the wastewater sector. A 2018 law sets indoor consumption goals at 55 gallons per person per day, with the figure dropping to 52.5 gallons in 2025 and 50 gallons in 2030. It's up to water agencies to work with users to meet the goals. Ina 2017 white paper, Adapting to Change.__U(ility_,�ystems and Declining Flows, California Urban Water Agencies (CUWA) noted that while saving water indoors is an important element of water management programs, more must be done to manage all future water demands. CUWA is an association of 11 major California urban water agencies. "California policy on long-term water use efficiency should prioritize outdoor water use restrictions, which will have a lower impact on interconnected water systems, to achieve statewide demand management goals," the white paper said. 10 Outdoor water use varies greatly in the state, accounting for as little as 25 percent of a household's use in coastal areas and as much as 80 percent in the hotter inland regions. T' Treated wastewater flows into the Los Angeles River.These types of wastewater discharges are important sources of water to help maintain river vitality. (Image: Southern California Coastal Water Research Project) On the environmental side, work is underway to quantify the impact of reduced discharges to surface waters. In Los Angeles, a coalition of state and local agencies are collaborating with the Southern California Coastal Water Research Project on a two-year study launched last fall to determine what happens when treated wastewater effluent and runoff usually sent to the Los Angeles River is diverted for recycling. Researchers are looking at how vulnerable species and habitats along a 45-mile stretch of the lower reach of the river respond to flow reductions with an eye toward developing recommended flow targets by season and section of the river. What's Next When drought returns to California and people do their part to conserve water, use levels will again drop, perhaps even to record-low levels. Wastewater treatment agencies will again be faced with even less flows. Thompson, with the Orange County Sanitation District, said agencies should use their regular retrofit and upgrade schedule to measure their resilience. 11 " >r Part of a wastewater treatment plant in Contra Costa County. (Image: File) "You don't design for one little problem," he said. "You look at the overall condition of your treatment plant and look at opportunities to replace outdated infrastructure with more focused infrastructure that meets the new needs you are facing." The state, PPIC said, should help the wastewater sector and direct its funding assistance toward regional approaches to planning and research. "The state also has a responsibility to evaluate its own policies for areas of conflict between water use efficiency, recycled water production and environmental flows," the report said. "The state needs to be clear about the inevitable tradeoffs associated with these goals and help set priorities." There also needs to be better delineation between what's happening with the long-term trend of reduced indoor water use and the impact drought has on that use. "That is one of the unanswered questions," Link said. "Is there going to be a bounce back [in water use after a drought] or is there where we are and what we have to plan for?" 12 Smart Water Magazine September 16, 2019 AMOV s 1,"11 a r 'water ma`jazIre OCWD to construct final expansion of the world- renowned groundwater replenishment system Y ------------------- : y . o t r� .... W � 13 16/09/2019 The Orange County Water District Board of Directors voted to award the contract to construct the 30 million gallon per day (MGD) Final Expansion of the world-renowned Groundwater Replenishment System (GWRS) to Shimmick Construction Company, Inc. The overall project cost is $310 million with the construction portion being approximately $200 million. The project will create an additional 31,000 acre-feet per year (AFY) of new water supplies to serve north and central Orange County bringing the total production of the GWRS to 134,00o AFY, enough water for one million people. Construction is estimated to be completed in 2023. Since 1990, Shimmick Construction has been a premier general engineering contractor in the West and, in 2017, was acquired by AECOM, a fully integrated global infrastructure firm serving governments, businesses and organizations in more than 150 countries. With a focus on heavy civil construction, Shimmick's successful projects span across all markets, from bridges and water/wastewater treatment facilities to dams, transit/rail, foundations, electrical, and design- build. The initial 70-MGD GWRS project came online in 2008, followed by a 3o-MGD expansion in 2015. The Final Expansion of the GWRS will take the project to its ultimate capacity of 130 MGD. "OCWD continues to invest in expanding the GWRS because it significantly increases local water reliability and quality for the 2.5 million people we serve in north and central Orange County," said OCWD President Vicente Sarmiento. 14 "The GWRS has helped weather multi-year droughts and has decreased the region's dependence on imported supplies. Prior to coming online, the 19 water retailers OCWD serves could pump 62 percent of their water supply from OCWD's groundwater basin and, today, because of the GWRS they pump 77 percent. Our investment in this drought-resilient water supply project continues to pay off, while also serving as a model project for the rest of the world." A joint project of OCWD and the Orange County Sanitation District (OCSD), the GWRS is the world's largest advanced water purification system for potable reuse. OCSD treats wastewater and produces water clean enough to undergo purification at the GWRS, instead of discharging it into the Pacific Ocean. This water is then purified at the GWRS using a three-step advanced process consisting of microfiltration, reverse osmosis and ultraviolet light with hydrogen peroxide. The result is high quality water that meets and exceeds state and federal drinking water standards. This purified water is then injected into a seawater barrier and pumped to recharge basins where it naturally percolates into the Orange County Groundwater Basin, managed by OCWD, and supplements Orange County's drinking water supplies. Currently, GWRS water accounts for one-third of the water that is put into the basin. "We are proud of our partnership with OCWD, which has been in place for more than 40 years," said OCSD Chairperson David Shawver. "Our two agencies have made history together and continue to do so with the GWRS Final Expansion. This expansion will allow us to recycle too percent of OCSD's reclaimable wastewater, which will be yet another first in the wastewater and water recycling industry." As a fiscally responsible agency, OCWD makes every effort to secure grants and low-interest loans for capital projects. For the Final Expansion, the 15 District secured $135 million from the Environmental Protection Agency's Water Infrastructure Finance and Innovation Act (WIFIA) program. The program accelerates investment in the nation's water infrastructure by providing long-term, low-cost supplemental loans for regionally and nationally significant projects. The Final Expansion also received $1.1 million in grants from the U.S. Department of the Interior Bureau of Reclamation Title XVI Water Infrastructure Improvements for the Nation (WIIN) program. Additionally, the Final Expansion received the highest ratings for all North Orange County projects submitted through the Integrated Regional Water Management (IRWM) program for Prop 1 grant funding managed by the California Department of Water Resources. The project is currently slated to receive $3.6 million in grants through the IRWM program. The remaining $186 million will be funded through the Clean Water State Revolving Fund (SRF) Loan program. OCWD anticipates it will receive the final agreement for the SRF Loan prior to issuing the Notice to Proceed for the project, which will likely occur by mid to late October. The internationally renowned GWRS is one of the most celebrated engineering projects and has garnered more than 5o awards including the prestigious American Society of Civil Engineers (ASCE) 2009 Outstanding Civil Engineering Achievement Award for most outstanding national engineering project, and the Stockholm 2008 Industry Water Award for the most outstanding international water project. For more information about the GWRS and the Final Expansion, please visit https://w-wwr.ocwd.com/gwrsl. 16 KCET September 11, 2019 Unquenchable Thirst: Groundwater Bill Could Shift State's Water Management Approach Char Miller Char Miller is the W.M. Keck Professor of Environmental Analysis and History at Pomona College, and among his most recent books are "Not So Golden State: Sustainability vs. the California Dream," "The Nature of Hope: Grassroots Organizing, Environmental Justice, and Political Change," "Public Lands, Public Debates: A Century of Controversy," and "Death Valley National Park: A History." September 11, 2019 Created in partnership with Elemental: Covering Sustainability, a multimedia collaboration between Cronkite News, Arizona PBS, KJZZ, KPCC, Rocky Mountain PBS and PBS SoCal. The latest salvo is California's long-running water wars, S6307, has the potential to emerge as one of the most important pieces of water regulation in recent years. Although its target was narrow — it was designed to undercut the capacity of Cadiz, Inc. to pump annually upwards of 16 billion gallons of groundwater in eastern San Bernardino County and sell it to ever-thirsty Southern California — the legislation may prove to be far-reaching in its consequences. "A Living Desert," an episode of "Tending the Wild," explores how Native peoples living in the desert confront threats to their environment. Gov. Gavin Newsom signed the bill into law on July 31, requiring independent review from the State Lands Commission, Department of Fish and Wildlife and the Department of Water Resources to 17 ensure that pumping from the groundwater basin doesn't harm the natural or cultural resources at the site and in the surrounding watersheds. Focused on short-term impact, columnist at the Desert Sun, decried the bill as a job-killer and legislative overreach. The Los Angeles Times and the Sacramento Bee read the law as yet another Golden State rebuke of the Trump administration and made much of the legislation's protection of imperiled Mojave Desert springs and species. The environmental impact of the law was a point that Sen. Dianne Feinstein confirmed: "If Cadiz were allowed to drain a vital desert aquifer," she declared, "everything that makes our desert special — from bighorn sheep and desert tortoises to Joshua trees and breathtaking wildflower blooms—would have been endangered." These are all important considerations to be sure. But the new law is actually more expansive in reality and reach. Although the enduring battle over the control and distribution of white gold dates back to the Spanish conquest of Alta California in the late 18th century, this particular piece of 21st century legislation offers an important twist in the state's longstanding struggle to secure a sustainable supply of this most-essential resource. ��yf n.. r + 4 v.. Y 3 ' �, „ ' �` ✓.,r r b ' u..a •'^x,�.r.,r. �` ,•_.max, Bighorn sheep along the Barker Dam trail in Joshua Tree National Park. Jasperdo/Creative Commons In this case, the play has been for desert groundwater. That unusual wellspring is a bit of a shock, not least because ever since the Gold Rush it has been Sierran snowmelt that has dominated the state's mirage-like fantasies of an unending stream of water that would blast open mineral riches, fill reservoirs, irrigate farms and lawns, drive industrial production, and wash windows, cars, and 18 sidewalks. This natural tap would forever boom the state's economy. But could the desert, specifically the Mojave Desert, one of the most arid regions on this blue Watch "SoCal Connected" segment "California's Water Supply: On Shaky Grounds?" on the vulnerability of California's current water supply. Adding to the confusion is that the main actors in this most-recent drama are not the usual suspects. This story isn't about water grabs devised by big ag in the Central Valley. It isn't about a scheming Metropolitan Water District (though it would surely benefit from the deal). Neither the City of Los Angeles nor the State of California, each of which in the past has diverted vast amounts of other region's water for its own ends (and ticked off a lot of people in the process), are the creators of this particular narrative. Taking center stage instead is a clutch of venture capitalists who have invested in the Cadiz Project, and whose investment has underwritten the purchase of 34,000 desert acres and associated water rights in San Bernardino County. Theirs is a supply-side operation, a tantalizing pool of water that has not yet been integrated into California's highly complex water-market. Should it ever be so — and you can be certain that Cadiz will do everything in its power to make that happen, SB307 notwithstanding — then its privately owned groundwater will become a cash cow for Wall Street profiteers. 19 California Water Environment Association September 12, 2019 r California Student Design Competition Winners Head to WEFTEC By Megan Barillo • September 12, 2019 Views: 70 CWEA held it's 2nd Annual Student Design Competition on May 4th at the Orange County Sanitation District. A panel of distinguished CWEA members served as judges and three teams from California universities gave their best pitch for engineering designs. The judges were assembled by WEF Past President Jim Clark from Black&Veatch. The Santa Ana River Basin Section handled local logistics. San Diego State University was selected as the team to represent California for their project titled: "Salton Sea: Bioremediation of CA's Largest Lake." Team members include: Ehrick Costello; Michelle Laurendine; John Ritchey; Sean Monazah Youssefi; and Professor Dr. Christine Dykstra, SDSU. WEFTEC Chicago The students and their coach receive an all-expenses paid trip to WEFTEC in Chicago representing California in the international competition on Sunday, September 22nd. Students from across the Federation will present their design projects in both the wastewater and environmental topic areas. For more information,visit the WEF Student Design Competition Webpaae. 20 The teams compete on Sunday, September 22nd inside McCormick Place Chicago. CWEA Dinner for Students Join CWEA in celebrating the outstanding San Diego State University students who will represent California this year. This networking dinner is a chance for CWEA members and their guests to get together for a fun night of great food, drinks and fun. Please note: liquor needs to be ordered on your own tab. Saturday, Sept 21st, 6:30 pm THE MARQ, 60 W Adams Street $55 per person. CWEA member and guests are welcome. Please register for dinner. Sponsors and student team member receive a free pass to this dinner. • Register for the dinner > • Download the CWEA WEFTEC Student Dinner 2019 flyers> Sponsors: San Diego Section; Flo-S stems; LA County Sanitation Districts; Carollo-V&A Consulting, Dudek, Lee & Ro Sponsoring the 2019 California Student Team If your company or agency can support the CWEA Student Design Competition please get in touch. We have two sponsorship levels, the exclusive Gold level at$1,000 or the Silver level at $650. Your company or agency will be featured in news releases about the San Diego State University and on our SDC program webpage. To contribute please contact Alec Mackie amackie@cwea.org or call 510.382.7800 x114. 21 F nge County Breeze tember 3, 2019 } We E11c, Q I e-t the ?1� Vice Chair Michelle Steel's statement on sewage spill and Huntington Harbor water closure By: courtesy On: September 3,2019 The Following is a statement from Second District Supervisor Michelle Steel, Vice Chair of the Orange County Board of Supervisors: "This morning the Orange County Health Care Agency closed the harbor water area encompassing Anaheim Bay, Sunset Aquatic Marina, Portofino Cove, Anderson Street Marina, Mother's Beach, and Admiralty Drive in the City of Huntington Beach due to a reported sewage spill in Stanton. The closure is required as a precautionary measure to protect public health. "I hope this closure will not disrupt the Labor Day weekend. However, these precautionary measures are needed to keep all of us safe and healthy. Please obey all posted signs. We are working to resolve this matter as quickly as possible to open the beaches and water areas as soon as we can. "My office has been in close communication with the City of Stanton,the Health Care Agency, and Orange County Sanitation District. "Staff from Orange County Public Works, Health Care Agency, the City of Stanton, and the Sanitation District are working diligently to determine whether or not any sewage spilled into the flood control channel and contaminated the harbor. The County will need the results of follow-up water quality monitoring before opening the water areas that have potentially been affected. 22 "For information regarding Orange County ocean, bay or harbor postings and closures, please call (714)433-6400 or visit the Health Care Agency's water quality website at ocbeachinfo.com. To report a sewage spill, please call (714)433-6419." 23 Twitter Twitter Posts September 2019 OC Sewers 28 day =r-.;r.-2 o 3-;z !11 19 "V 5.v" 23-5K 188 4-29.11=.i 1605 Sep 2019-Z:i-a-'-r.. Top Tweet earn-:-5'.Eit ur Top mention srgsgarrants Get your Tweets in front of DY K that you,can be the environments ment's Costa Mesa SD more people 3r rrct we ec 7sz-a ,-.content oper up yc,�r super hero?Things like paper towels, (70 �T flushable wipes.medications.and !wcior7witter to more pal hair can Oul Environmental Protection clog our pipes and yours too.Hl us Academy is enjoying a fascinating tour of protect th eluasteriater flow by keeping it as Qocsewers#wastewater treatment plant clean as possible, this morning. t el, #poflutianpreventionmonth pis ilvfitlel Icepa#watar#recycling�orangecounty P lcAvAtter com.iINnNE2V'J7q7 15 15-4K IN Ili Is Ody MOORI to Nollill tha area P's— 121 2 Pee,poop and paper. 0 VewTneetacl Vie"ll 311 "trj tfje,7.,e_1 Top Follower f.ijo—, i 2r,:—,Pe Top media Tweet as ed H58 no-stions Everwonder what our#HB facility looks like?'Al goes on behind The-wall?'i now is your chance to check it out.Join us on Saturday.Sept. 14 for a tour Space is limited.Email forlinformatioriQlacsd.com by September 11 to register.Registration is Doug Beeman 7-zeer',r' requil Nm%sPubI,-3fion:-Diril:DYiiateirEl S—cramerm 1,C)CSDToursp�rt,��iiierciml,Hk.PmdglPCT,,I Rawbal are r,:endorsements. 'Vevv pir'lle "'Pam fn"':v�-:-dasvto.'- - View Tweet all 'Vazavy all 7,,,aet=--r�-fx, 24 l ce book Po sts September2019 Page Summary Last 28 days Export Data -iir Pf r-,Au g 26, 20 SF-F)22.2 C"!9 J i s i i ec r in ="i cl�fl t; r, p f"e j thF". Organic Paid a D U r-I Q Actions on Page Page Views Page Previews z r 356 17 46% Page Likes Post Reach Story Reach AL,gljst 2_- 2., "."If U S a p fi%CST2 2 4 7,340 - Got Story Insights )r; r,'u,Page Dace Fer I ple R,� - j 1,7F St�e�.ws F,. Recommendations Post Engagements Videos vat l6- a,f J e f 2 2 90s!2e - S-plieniter 2,301 470 PJS.E f,o ig ern e r Jy.5 'Adeo W 8:1, Ne:ectac.line Page Foltowers Orders �,jgljst Z,:t Seplem",ef 2-1 0 Au"Icel, A 0 25 Reach:Organic ,Paid Post Clicks Re. Lions, Comments Publislied Post Type Targeting Reach Engagement CDR12120,19 Happy Fgll',(-3 IL Toda/r•ar.Ks the first cla:i of`Augumr.So here's to 09;-21.,2.0,19 A Dell Rollin in the Deep,Today is js;a 124 Coastal Cleanup day.so head on ou.p. 09,120i2l)19 Stop drop and surf!Today is California s Surfing Day Here`s one r—c 326 Nighttime work is taking place in the 1 4 City of Nev,,pert Beach-City 6K Hall 7 4 0, 17,,7rG19 7 v,e re a.li tech savvy until our aq 1 T9 computers won't let us searckh for a 8 09;16ao 19 dust vih en fo u tho u gN vi e couldn't 14 222 Q F V! Z. get any cooler.here's some footage 14 09M6r2019 Did you knov.4 that you can be the 42 environment's super hero? J 1.1:K ,lust 29 09.M12019 '.A e've got friends in all the right 35 277 places Yesterday our friends from -3 09MV2019 Are you driving clown Stale College 57 F 36.5 6 2- %', Blvd. in City of'Anaheim-Municipal 17 09.;1112019 Tcdavae remember all chose who 4 -3a Iasi their lives during the tragic 17 Today at 12 p.m:. the Legislative and 2 Public Affairs Committee Meeting is 146 3 09 06,,'21319 j4,A Out smith the old. in with the new! 135 Now I rn 3 that the nevi bic-salid's truck. 3g 37 09M6.2 0,19 Evervworiber v.,hat our Huntington 5 Beach faciliiy looks like?I.Nhat goes r 349 6 Yesterday our-General Manager 71 gave a tour of our Plant No. 1 facility 307 28 09M42019 Tcrigh OCSD's Operations 13 r. Committee meeting starts at 5 p,m;. 207 08;31e20-19 Jusl a reminder that our 5 administrative Offices will be r-los ed 1159 6 03;30.,2019 This hcliday weekend rememberthal 15 only a things go down the toilet! Do 408 20 26 0&'29,-'20 19 This morning OCSD siaff adended ice; 181 rWw the Community Leaclars,Aeater 0 8;29e'-7 G 19 Thank you 0 C. Su p ervi s,c r Doug 20 193 Chaffee forcoming and taking a iour ;3 08.�2&270 19 Tonight at Plani No. 1 cur Steering 11 Committee and Board meeting ~rill F VA 154 5 1J8,'-16,2019 Reminder night viork tonight on SiateCollege Blvd in Cii*y of 15� 3 OSY24.,20 19 Construction Alert for C-ity of - Analleirr.-f-Aunicipal Goverriment: 3 57 0 9,,'231r2G 19 ®_ Happy Friday!L N-1cre employment 34 aw oppeAunities from OCSD!Nlakesure rn- 591; is 27 oJ�V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 LEGISLATIVE AND PUBLIC AFFAIRS (714)5937433 COMMITTEE 9oTFCTN0 THE Agenda Report File #: 2019-689 Agenda Date: 10/23/2019 Agenda Item No: 9. FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS YEAR-END REPORT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Receive and file the Public Affairs Year-End Report for Fiscal Year 2018/19. BACKGROUND Each year, staff provides a year-end report based on the approved Public Affairs Strategic Plan. This year, staff will provide a year-end report and a Project Book detailing all that was done over FY 2018- 2019. RELEVANT STANDARDS • Build brand, trust, and support with policy makers and community leaders • Maintain influential legislative advocacy and a public outreach program • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Having a defined plan with measurable objectives focuses staff energy, resources, and time on the agreed-upon direction. With a plan, this also allows for reflection, evaluation, and modifications to be made moving forward. PROPOSED SOLUTION By providing tours, community outreach, education, and general communication via the Sanitation District's website, social media outlets, and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in better quality of wastewater, trust with the public, and support for our efforts. Orange County Sanitation District Page 1 of 3 Printed on 10/16/2019 powered by LegistarTM File #: 2019-689 Agenda Date: 10/23/2019 Agenda Item No: 9. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and the area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our facilities, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS October 2018 - Received and filed the 2017-2018 Public Affairs Year-End Review. ADDITIONAL INFORMATION Year-End Review by the Numbers: • Community Education (Community Events, Speaking Engagements, Tours, and Sewer Science) - Over 8,104 people. • Community Relations (Construction, Maintenance, and Resident Outreach) - Over 81,750 homes and businesses. • Industry Leaders - 18 Agency Awards, Hosted State of the District, Various Presentations at Industry Conferences. • Internal Communications (Monthly) Digester, (Weekly Email) 3 Things to Know, (Every Other Month) Newsletter, (Daily) intranet - Over 436 publications. • Media (Social and Traditional) - Reaching over 215,000 people. • Grants - 3 grants received totaling $42,000. Third grant, amount to be announced at a later date. 2018-2019 Public Affairs Highlights: • Wrote, advertised, and secured an outside consultant to conduct a third-party communications audit for the Sanitation District. • Integrated construction outreach into the overall agency communications program for the Sanitation District which for FY 18/19 included: approximately nine various capital projects impacting 16 cities, totaling more than $122 million in construction costs, and reached more than 80,000 people. • Launched a corporate identity program for all Sanitation District employees to ensure brand recognition with the public. • The Sanitation District's 65t" Anniversary and associated efforts (banners, history wall, etc.). FINANCIAL CONSIDERATIONS This Year-End Report request complies with authority levels of the Sanitation District's Purchasing Ordinance. This program has been budgeted. (Line item: Section 6, Page 11). Orange County Sanitation District Page 2 of 3 Printed on 10/16/2019 powered by LegistarTM File #: 2019-689 Agenda Date: 10/23/2019 Agenda Item No: 9. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • 2018-2019 Public Affairs Year-End Report - PowerPoint Presentation • Public Affairs Project Book Orange County Sanitation District Page 3 of 3 Printed on 10/16/2019 powered by LegistarTM k <l um h gas Iz-9--, 5 UP IWpIo,1 T W T u�r r - 019 Public Affairs Year End Re.port �g N,- r A IrA' 4 1 9or�cl,NC iM NV`PO�,�t Affa 'irs 'ice : Who We Are • Jennifer Cabral, Administration Manager • Daisy Covarrubias, Principal Public Affairs Specialist • Rebecca Long, Senior Public Affairs Specialist • Kelly Newell, Public Affairs Specialist • Gregg Deterding, Graphics Coordinator • Cheryl Scott, Administrative Assistant • Belen Carrillo, Contract Employee (40 hrs.) • Isai Carrillo, Student Intern (20 hrs.) • Quentin Velasco, Student Intern (20 hrs.) Extension of Our Team • Tanya Chong, Senior Analyst • OCSD VIP's Annual Budget • $1,062,000 million • $696k Annual Salaries • $225k Professional Services/Contracts Publ 'i What We Do Legislative & Grants line - . (Zip Mxrch:Rpril � 1919 IWR 6WRLi fw xca9 xfws xxx rxfORYxlwx MENEM .I MEN q Educational Outreach Internal Communications connection wit { A SENSE OF PURPOSE • '� ■ Media Relations aow.x. xxm. . .aw��ax. aa�x r,.mo-.war mwcnm/xr.a.a xr uin.m.md.rw w,., �.ewr.x.w•xr.r Rswmrxra.rx.x f.x..rM �wr.lro.oxo.w.i.an s...f..xor...m wv. .ammo c.a xm/r e.xm.a.my wraxu..pan anv. r.r.aswa.rrf.uoa.ri.r..wtiarenx.ma.r. � �. m.n��x.x.mnx�•xy.xxm»ca.xx�x•x.mmm ,,f I ORANGE COUNTY SANITATION DISTRICT minutes Branding & Messaging PER MONTH Community Relations External Communications 2018 =2019 Community Community Outreach by the Education 81,750 Homes & 8,104 people Businesses Numbers Legislative 92 Bills ndustp 3 ederal Public Experts with Increased our Positions 110 State Aff airs 18Aw rds external reach by Positions 31% from the r prior year Digital/News Internal Media Reaching Communication 215,000 people 436 Publications 0 1 Performance for Your Post Orange County Sanitation District ... April 16 0 4,469 People Reached Sometimes people lie, we would never lie to you. Fa ce boo k Posts Believe us when we say that"flushable"wipes aren't flushable. 163 Reactions, Comments&Share #NoWipeslnThePipes#What2Flush#WipesClogPipes#ToiletTipTuesday 97 24 0 Like On Post 1 1 Performance for Your Post '�� Orange County Sanitation District May 6 O 1,091 People Reached Everyone's out there looking for the iron throne when it's been at OCSD al. • along.#GoT#HomeOfTheRealThrone 66 Reactions, Comments & Share 30 17 ©Like On Post �;- 2 2 0 Love On Post Be a truther! _ 25 15 41, Haha On Post _ 5 3 Comments On Post - _ 5 5 k1-- 4 Shares On Post 4,469 434 - - 178 Post Clicks Peonle Rear.hed FnnanPments 102 0 Photo Views Link Clicks 244 People Engagements People Reached Engagements NEGATIVE FEEDBACK Total Page Followers as of Today: 1 ,050 Facebook followers in Total Page Followers 2017/2018 were 776 Followers In 2018/19 we had 1,050 followers on Facebook The number of people who had any content from your Page or about your Page enter their screen screen,grouped by age and gender. This number is an estimate. 17% 16% Women 12% 9% 6% 62% People 2% Reached 0.0918% - mmom 13-17 18-24 25-34 35-44 45-54 55-64 65- Men 0.0262% 1% 37% 7% 6 0 9/6 10% People Reached Country People Reached City People Reached Language People Reached United States of America 7.223 Huntington Beach,CA 1.859 English(US) Canada 102 Los Angeles,CA ':)4 English(UK) Philippines 66 San Diego,CA 176 Spanish Mexico 23 Anaheim,CA 175 French(France) 16 Indonesia 21 Orange,CA 152 Traditional Chinese(fa... 9 United Kingdom 17 Fullerton,CA 146 Japanese 8 Pakistan 17 Fountain Valley,CA 128 Italian 7 28 day summary with change over previous period Tweet.impressions Profile visits Mentions Followers 15 T 5o. % 12.4 K T 14.6% 219 y 3.50/,, 31 T 106.7`�, 1 ,592 T 14 Twitter Followers for 2018-19 were 11592 Top mention yarned 156 engagements .EO Rep. Harley Rouda In 2017-18 followers were 1,493 �RepHarley Jar? At the @transportdems hearing today Top media Tweet earned 1,343 impressions called for funding for @OCWDWaterNews Spent the morning at @City_of_Irvine and @OCSewers water recycling projects. celebrating #EarthDay and talking We've got to consider #climatechange #wastewater. What did you do to celebrate when we think about how to spend the day? pic.twitter.com/ImYptLOPBh infrastructure dollars. and I'm pleased OC is taking the lead. pic.twitter.com/J41RQ70Pyn Top Follower followed by 2.314 people Top Tweet eamed 2,303 impressions W • ff� rwill ^ When your mom finds out you've been Twitter Posts submitted my '' flushing wipes down the toilet. #GOT • for Mayor! - #NoWipesinThePipes #WipesClogPipes 1 pic.twitter.com/taQSD6SkMk S���R�n Jose Solorio 0 @JoseSolorio FOLLOWS YOU i Jose Solorio is our Santa Ana City Councilman. He's running for Mayor in 2020. Join us via my website Top mention earned 168 engagements address below. 0111 Las Virgenes MWD @LVMWD Anr 2 t. Top mention earned 42 engagements Single-use wipes that say "flushable" may Top media Tweet earned 722 impressions go down the toilet, but they end up clogging Orange County Water District sewer pipes and treatment equipment. @OCWDWaterNews Jun 24 Today, OCSD had the opportunity to meet #NoWipesinthePipes #WhattoFlush with @RepLindaSanchez to discuss permit The ultimate upcycle: turning treated terms, funding opportunities for the final #WipesClogPipes #NotsoFlushable wastewater into drinking water. expansion of the #GWRS and other water @CentralSan @OCSewers #upcyclingday #gwrs #waterreuse related issues. We look forward to working @CASA_CleanWater @LADWPitation taSan#Gole @OCSewers pic.twitter.com/VTaOHY87jK with her in the future. pGoletaSanter.co m/wV07r13KEX pic.twitter.com/OCmLoFULUc pclwi � tz v •, V4 V Out min the Communmity 9 • OC Eco Challenge at Honda . _ Center • Anaheim Green Expo v`J • Coastkeeper Huntington _ Beach Clean Up P _ a • Coastal Clean Up Day Orange county sanitati0o 4^, • OC Science and Engineering Fair • Children's Water Festival - • Westminster Spring Festival 0 Placentia Heritage Festival & Parade 2018 =2019 Highlights • Wrote, advertised and secured an outside consult to conduct a third party communications audit for OCSD. • Expand construction outreach into the overall agency communications program for OCSD which included for FY 18/19: approximately 9 various capital projects, impacting 16 cities, totaling more than $122 million in construction costs, which reached more than 80,000 people. • Launched a corporate identity program for all OCSD employees to ensure brand recognition with the outside public. • Published over 430 internal pieces (Pipeline, Digester, MyOCSD, 3 Things to Know) • OCSD 651" Anniversary and associated efforts (banners, history wall, etc.) • Held our Open House and Ribbon Cutting for the new Centrifuges What's Next • Complete the Communications Audit • Create a Plan to Address Areas for Opportunity • Revamp OCSD's Tour Program • State of the District • Begin Design Concepts for Community Education in the Headquarters Complex ■ Be Social Connectw 'Ith U You , . @ocsewers Please visit our website www. ocsd . com JN-kY SANITgTO VO b � O = P 0 9olfcr�NQ THE EHJ�Po���Y SANlTgT/0 O.1e Q rc c> • �E P U J AFFAIRS PORTFOLIO Fiscal Year 2018 - 2019 T A B L E 0 F C 0 N T E N T S Outreach 5 Special Events 23 Internal Projects 27 Branding 41 Reports 45 3 OUTRE A CH OUTREACH Construction ORANGE COUNTY PP Now WE INSTALL SANITATION DISTRICT Sewer Pipes Orange County Sanitation District TRAFFIC CONTROL _ t r. Stay informed STATE COLLEGE Please sign up to receive s a alerts SEWER 2 and email notifications at www.00SD.com/StateCollege or email us at CONSTRUCTION ConstructionHotl i ne @ ocsd.com - For more information,please contact ALERT rn.`aee..�.o..pao.etl' our dedicated Community Liaison at i 3 `m.asp°�,�n.r°Ilse 657.208.7900. Iv v=aama:�sa r�� vaa.r connect with us on social media ®ocsewere E1©00 77 r r S Location:State College Blvd.from Underhill Ave.to—of SR-91 m�+^Phase B of the Timeframe:Fall 2019-Fall 2020 i"`0`_ o Newho B SeWer — WATER LINE WORK B r o c h u r e p o Locatio:Sale College Blvd from Replacement Project U Lincoln Ave.to La Palma Ave. Timeframe:Nov.2018-Feb 2019 The Orange County Sanitation _ y Location:State College Blvd.from District (OCSD) is starting Vermont Ave.to Underhill Ave. construction on State College - Blvd.from just south of the 91 Timeframe:Spdng2019-Fa112019 freeway to Orangewood Avenue (exteoaaa—hours-u,rea) in the City of Anaheim to replace four miles of sewer. r'i,r H F_I I, _ F t Location:State College Blvd.from ■ -The work will be done in segments, Cerritos Ave.to Vermont Ave. please note the various time ■ Timeframe:Sept.2018-May2019 frames for each area highlighted on the map.Lane closures will be Location:State College from required for all work so we advise ■ Orangewood Ave.to Cerritos Ave. that you plan your commutes Timeframe:Od.2018-Mar.2019 accordingly.Please refer to o ■ l (baseball off-season) website or the Construction Hotline for specific details. ■ City of Anaheim water lines will be relocated to allow for A ■ ORAN,,-_= construct ionofthenewsewer line. `DCSD is a public aganoy mar pror— Timeframe:Sept 2018-Feb reglonal -Ilecaon,—N—nt, - 2019 rrowullugaopla m cam sooiues ror approxl TrSnillicn prel ana non- bwaar Orange County. (oereseresuo/ectro�nenge ave ro°pe enonerreuars armnemem weerner�. Re+.Aueust zoie 6 OUTREACH Construction COUNTYORANGE Oren NM1or eAve FACT SHEET STATE COLLEGE ANAHEIM SEWER CONSTRUCTION Orangewood Ave =Project Location 1N4 Ellis Avenge,FountainValleyCA927o8 R CONSTRUCTION Construction Hotline:(657)208-7900 Email:0on8<mctlonhotline@ecad.com r Replacement Project) .range County Sanitation District What Impacts Can be Anticipated? The Orange County Sanitation District(OCSD) is a public There will be lane closures,noise and dust,so keep that in mind agency that provides wastewater collection,treatment, and if you commute along State College Blvd.or if you're going to an recycling services for approximately 2.6 million people in central Angels game or an event at the Honda Center. Brochure and northwest Orange County.OCSD operates two facilities— Reclamation Plant No.1 in Fountain Valley and Treatment Plant Questions? No.2 in Huntington Beach—and treats an average of 185 million If you have any questions or want the most up-to-date information gallons of wastewater each day. about the project,please contact our designated community liaison at the Construction Hotline at(657)208-7900(English/ What is this Project? Spanish),or email us at constructionhotline.ocsd.com The project is replacing four miles of sewer on State College Blvd. from SR-91 to Orangewood Avenue in the City of Anaheim(see map on back side).This is a two-phase project,the first phase was completed in 2017 and replaced 3 miles of sewer in the Fullerton area. Project Timing Construction is anticipated to begin in summer 2018 and - - - -- conclude in late 2020.Most work will take place Monday to Friday Zs_ during day time hours,but some portions will require night and/ We lteatw0CSD.com1StateCollege. or weekend work. Is also invite you to visit the website frequently Why is the Project Needed? The existing sewer line needs to be up-sized to a four-and-a- half foot diameter pipe to make an additional 9 million gallons , of wastewater available for recycling and to abandon the Yorba Linda Pump Station. Due to the size of the pipe,lane closures are necessary,which can result in traffic delays.We encourage you to plan accordingly and allow extra time when traveling in the area.There will also be noise and dust,mitigation measures are in place to minimize impact. 7 OUTREACH Construction ORANGE COUNTY SANITATION DISTRICT SLATER PUMP STATION ALERT The Slater Pump Station is critical to the conveyance of wastewater from local sewers to the regional wastewater treatment facilities in Fountain Valley and Huntington Beach.If the pump station is not operational 24 hours a day,there could be a sewer back up eventually leading to a spill. Wastewater flows are pumped from the pump station to two force main pipelines.Over the past few months, weather permitting,a bypass system over each force main has been in construction.This system is needed in order to provide unintermpted wastewater services either for routine maintenance or in case of an emergency. For upcoming work,the pump station will be temporarilytaken offline and the bypass system will be in operation with the use of bypass pumps prior to replacing critical .r RICT equipment that are nearing the end of its useful Zile and In manholes am installed evar the -lot a need of replacement. - - Generators to power the bypass pumps are necessary and sound blankets will be utilized to mitigate noise.We are taking precautionary steps to minimize odors,but due to the nature of the work,you may still a. N ALERT experience some temporary odors. We appreciate your patience while this work takes place. 'Dates and times are subject to change due to operational factors or inclement weather. Mailer The Orange County Sanitation District is a public agency that provides regional wastewater collection,treatment, and recycling services for approximately 2.6 million people in central and northwest Orange County. Stay informed Call the Construction Hotline at(714)378-2965 Email ContructionHotline@ocsd.com Visit www.ocsd.com Connect with us on social media @ocsewers 91©OO 8 R 1 • n s t r u c t • ORANGE COUNTY SANITATION DISTRICT A section of the regional sewer pipeline that Lane closures will be required and we transports wastewater generated from the advise you plan your commutes accordingly. Balboa Peninsula area of Newport Beach There may be detours and some activities to the OCSD treatment facility in Huntington requiring—might work,more info.111 NEWPORT BLVD. CONSTRUCTION ALERT The Orange County Sanitation District(OCSD)will be working on Newport Boulevard near via Lido,between Short Street and Coast Highway for approximately the next 3 months. What is this work? What to expect? be Beach will be nalhabilrbated. provided at—OCSD.-m/Newpon as dartal approach.Please vill the webs.or Addiftional construction work is currently call the OCSD Const—tion Hodine at taking place north of Coast Highway between Hospital Road and Industrial Way. (71.4)378-2965 for specilic details.. UPCOMING ACTIVITY ,`f r �° 1 � I' SHORT ST CLOSURE DETOUR `� DETOUR MAP ', r Intermittent closures of Short St will -. - a � occur throughout construction ♦ Short St at Newport Blvd will be closed-detour �� k I via Finley Ave .�';,.v ♦ J 4 Local access will be maintained �^. ;:.i�,. �� �� - Alley access behind Newport Blvd will be via 4.r 'N3i �7 ��Xl� Finley Ave only / v`/✓ L l M 7 y. Stay Informed Please sign up to received email notifications at www.ocsd.com/Newport or email us at ConstructionHotline@ocsd.com. For more Intormation,please contact our tledicated Community Liaison at (714)378-2966. Connect with us on social media @ocsewers OCSD is a public agency that provitles regional wastewater y collection,treatment,and recycling services for approximately 2.6 million people in central and northwest Orange County. OUTREACH ■ ' Construction we.6o.e saeme•!eu0!5 I�Wella o!�e�ueg r.�uno,e8 e p BOULEVARDWESTMINSTER FORCE • OVERVIEW ORANGE COUNTY SANITATION OISTRICT M. Z; WESTMINSTER ';.7d A ,Z BOULEVARDm I,.o,g.,_, Doa° aA FORCE MAIN W !j PROJECT _ y-- P. = IreMMw Please take our Part of the Wealem Regional Sewero Program survey belom COMMUMrtv SURVEY OUE•TIOM•E� G.MMUNITV SU VEY GNEWENS�� Brochure 1. ,. ml,m,.e.lm>.N�,,.�.„. o o1., N. ,o�,NNo y�n„!ePbo ! o AIN- 14=====„o� I 10 OUTREACH ■ ' Construction im _, ■ ..'s. ....eg!euo!aed urer.eM aNj WSW;o!u!a o!�e�uegiyum�es e p ORANGE—WESTERN PROJECT OVERVIEW ORANGE COUNTY SANRATION OISTRi- >G= � ORANGE WESTERN , m o o m TRUNK SEWER . PROJECT ■ F ... — s..v!ma.m.a _ �aeeuwr a»sao.ar ] � a.mNi c=�.au<uonlwaina®«=a.�m. s IIIIII �s Please take ...or.�........».u...u ... ,—..........,...... Part of the Weatem Reglonal,ew Program survey bete Brochure �ro�aa,Naz m.., ., ss.m:sam,a .�yaa N.N .,,.—a o�.oaN 11 OUTREACH ■ ' Construction we.fio.a I6 1B"(.Soo)I.mmU9uo��epuegAR,uno�efiu ap LOS ALAMITOS TRUNK SEWER PROJECT OVERVIEW ��oe EZ ORANGE COUNTY SANITATION DISTRICT ° °a , eel°is,.rer mn,ra°sov„n. mu. A LOS ALAMITOS m ogi g aA TRUNK SEWER W PROJECT D on�.m.na .wa•.�e.a.,.. ,. nan`a� 81aelnl.- l .. Brochure or ME.m;SE a,a.a : " "�"°,.n�•o. ,.Aare ° i 12 OUTREACH Construction cE o6 n nh e7c i o n IVol. 1. No. 51 Spring 1019 DID SOMEONE 589 MILLION 30 45 Olympic Size GALLONSeQ o S sing OF WATER? We did! With the need for water in California growing,we must increase our local water supply and that is why the Groundwater Replenishment System(GWRS)is expanding. The GWRS facility in Fountain Valley is a joint project of the Orange County Water District(OCWD)and the Orange County Sanitation District(OCSD).It currently produces 100 million gallons of water per day for the people of Orange County.It is the world's largest water purification system for indirect potable rouse.In 2008.the facility started with an initial production rate of 70 million gallons a day(MGD),then in 2015, CountyThis Orange it expanded to 100 MGD,and is now moving towards the last phase of SarAtation expansion which will give us a grand total of 130 MGD.This will provide pubhcatio.is to keep you.our enough water for one million people. neighbors. ' 'aboutThe GWRS takes highly treated wastewater from OCSD and puts it constructionthrough a three-step advanced purification process.In order to produce Huntington Beach treatment 130 MGD of purified water,enough highly treated wastewater from facility(Plant No 2j OCSD is required for source water.The GWRS is already using all the water available at OCSD's Fountain Valley facility so water from the Over the next several years Huntington Beach plant must be accessed to complete the project's final CICSD s Capital Improvementexpansion.This requires the construction and installation of facilities at Program is f, .on our OCSD's Huntington Beach plant as well as a conveyance system for infrastructure and maximizing the water to make the 3.5-mile journey to the GWRS facility in Fountain resource recovery with many Valley.OCWD will begin construction of the facilities later this year construction projects taking (more to come in future newsletter issues). place at Plant No 2 (Continued next page) Neighborhood Newsletter 13 OUTREACH Social Media N On1lpa county Ln•a•on dMnn •s.ie�hrwwM�M�e�Iteawee.bad urvrmr MTauln1a11l1lnanaxr¢apeF>Tak�•N�EA�>il ne Nua:.�•rvsrw:..w:a .far-t l't n axwnev Nemerr.x C.11afM')WMb FHN•nwk0N aa'9.'� 'Hw-n UrA'a 4q.a Today,n!I Conn.a Staff AN"In In!OpN iong a MawainMK! a --�— 1130a. aRaYnilCu4l TniYSDw Mtpts\VUWps p.Partniiw1 a+rgwq oa wMalF�n I sne npt+h+g wn a n a:so vnxrm..rr IYagtam Haag lava aar wa x 1w,peen Imwn Ea Aq aea s..er at yrmgln-,noap'—p .,—ffn to s-vns Fear �Yj2¢mAh.�c! U i SOB Enaq.n.aa U.� I x 9ham •.you hear OCSD . •, 6 ijea •d For what position?`o Theyhave3tighirim You cm go to• tar more Information Heading there right now ii r.......w....r.... P.rge Cpwn)S.rnwen Pw.r ••• wF s...a..aewa�.w.aa�m. �`' � bnr Wu wwl.d ^9 you dgnt .....N ion Ra4ROTrwfd.F. re.~iu�w.oamwr.ovt�aosl M _`.' pow M na salnnp aenr nFn. �� ! n xwgh aW dont w.ar.n.m �y� -� � rw rr niamrq uGmnwnY na Social Media Art 14 OUTREACH Videos Orange County Sanitation District Orange County Sanitation District Published by oesev+ers IPI July 17 0 6 Published by ocsewers Izl Jury 29 0 Happy National Sanitation Workers'Day!We work with a purpose.Here's a Celebrating 65 years of impressions.OCSD aims to not just make a good little something from us to you.Check out our YouTube page for more first impression but a lasting one.A big thank you to everyone who stopped videos.#OurDay#65yearsofimpressions by to our Open House this past Saturday,we love having visitors.If you weren't able to come,you can still come on a tour.Visit OCSD.com to make a reservation.#OCSDtums65#ALastinglmpression#OCSDtour ORKINC- )YETH ' JUST t FIRST IMPRESSION, P U R 0 S1 E A LASTING r IMPRESSION. ,09 • ` 5S PeoeoplaA�d,ed Engagements 54 People En P People Reached Engagements K.nlrirq,Ie yw Orange County Sanitation District •• Published by ocsewers I-July 26 0 We thought this might be helpful.Just in case you weren't 100%sure how to Heavy rains can cause get to us tomorrow.#ocsdtums65#ocsdopenhouse#comeonecomeall potential problems in 405 our treatmentplants to significantly higher and sewer lines due EIlis.� levels of 0 • • 4ViEWSTATE OF THE DISTRICT • • Z0� 8 Videos 15 OUTREACH Tour 4— „ a, "r1rickling Filters Secondary Treatment Process •Green-gray.slippery growth called zoogloeal slime is filled with aerobic bacteria to remove ammonia from the water •Rotating arms sprinkle wastewater over the top and trickle down through bacteria- covered media •The arms are slowed down so the zoogloeal slime sloughs off to control r' the population of microorganisms0 VOR ram..-. t1 Plant Tour Signs 16 R 1 Open House / • dab i = Help us celebrate our 6S"'! /1 July 27,2019�9 a.m.- 12 p.m. CF�B�7hQtU7Lf bs!f PQh6 Og y/)7f71tPddlDllsS As o member oemcy,you are port of our harpy and pws o/our cekbation. loin us al our 65^Mnivwsary Open Hausa whwe we71 br showcasrrig to the commune what wr've bmr doirty for the pott 65 yaws.WrA hon•booths,tomes, July 2 7 � 9 a.m. - 12 p e m. ersoda.and tans al OpCs krgettawnttetmter neaarrem,acdrty ro e�,to celebrate with us hasbn booth and shw what makes t 10844 Ellis Avenue,Fountain Valley,CA 92708 For more in(armatiwt W�rwnoa wsvw.txsd.com Daisy Covarrubia: ` dcovarrubias�ocsd.com 171�.593.7119 'll = ♦1� • - ' N Saturday .... �'rlrbrtntiug 65 yenna nB 9�+4tnreeione .... �� July 27�9 a.m.to 12 p.m. •••• 1 Bring your family,friends and neighborsl •There will be games.activities and more •Tour*OC's largest wanewacer treatment faciliq •Compose Giveaway Postcard 2019 OUTREACH Open House P Mi Bring your 06 ZEWF9 't MIM.'t I qI o�so family,friends and neighbors! -Tours 4 US - -1 1111�Lplsl I • Compost Giveaway i� , . , , �I� . Games � � : Games & More Saturdayjuly 1 Visit www.ocsd.com �I�I� for more information. Banner H 4 t)S OP N i OR44 Ellis Avenue,Fountain Valley,CA 92 j•� �i n1 - Li�i1 Lid 0: 1 Web Banner Profile Picture 18 OUTREACH What 2 Flush So,let's keep our wastewater flawing _ and our oceans clean.Erlucate yourself and others.Know What 2 Flush and what to put gown the grain.Protect our sewers and environment! the gushed downthesink.lhebescwayrogetrid offood postwha,you can and wipe or scrape the remnants in the a drain scree.in you,sirdc m catch any remaining bits of wash the dishes.Uu you,garbage disposal sparingly e drain ns a dump will have wfore—mmeque.ces of It's simple,the toilet is line,g wcr and poasibk back.pa is you,home. only meant to flush the 9 aid Grease(FOG) three P'S—NQQ �L' the °��redmfda°ceorv,es�n�o pip,h d..al.eoc N{r`/, tuallytmay ca se sewage to backup and lead to w g m Y bum .Rmming ho, as you 0P o grcamn autt the dram will no,hdp.the,.Many people ethat pouirng hot ware,and detergent down the drain Do ou know what should ka up g,<asc ttmporarily.7ltc bcatwayrogct rid of FOG cooVharden,mui,with other absorbent mamrials,place go down the drain that is gandthendmwir the^a h. andn���� sewer sate? emaro N make its way pas,fie plug.Hav will catch and they ice,.s and g very difficult rage,y i of piping°race i, ep hai,fiom going mro the pipes by using a fine drain For mu re automation on What 2 Flush Orange County Sanitation District catch hnir in yow bathtub and sh°wer and dispose of it wait Whot2nush.com or oes).com in the trash, aunas a eggshells p,opc,ly disposed ofin,he trash.Neverput them in the COMES OUT OF THE FAUCET. used diap°o °`.shed eggahea d n h for maWng garden compost. Tna roilet is not the oNy drain that people arc using ro get rid of Kouhehga hazardous materials I� 1 I I "{IY I 1 uvwanted wes¢people are also known m use the kitchen sr„k such 1 p i'd p d 1 4i,dd be Brochure �l{II lid,can Si—the my neon of the garbage d,W—L which pow d d h d All F h highly d fl ac f I ,� _II clams w g6,id even the herd stuff ouch as swan bones and 6vit long d age h .D'.p f h. s peele poplavemc e hd chc s,nk do on du byw drag then homch°Id haacrd wlhz fr ki,cbeu e.Admit as fug as i,fir,people rhmw a,pour where dine and°d,er household it an be dropped off it down the d—.L—g,ash flow and go down the kitchen If,here is j.a,a little.—d pain,lei,pit,the can in a safe puce si.k(or any other drain in the house)may cause pipesm cbg and (inaccessibkmchildren,pei,,or ig--'sources)and remove the e Ay lead m sewage seals that harm the envimmnent. lid so the amairdng contents can dry..,.Onre the conrenr have Here is a In,of the most common things that p,le dump inro dried out,replace the lid and dispose of the can in the—1,or their sinks instead ofdisposing of chew pmpe,ly. recycled. Dovou know whatshould go a the only thing going down the toilet. down the d ra i n, From tlushable wipes,medications and sanitary products to lashing these types of items down the toilet causes home e you flush)and most importantly can have a huge impact that is sewer safe? be going down the drain is what comes out of It's simple,the toilet is only meant to flush Yourself and others.Know What 2 Flush and what the three Ps—pee,poop and paper. Orange,County Sanfta,1-District �y © 10e44Elis Avenue Fountain Valley,CA 92700 114,N2.2411 rodnto,matian*omd.00m B i I I Stuff e r o wwwocad.com 0C5a 19 OUTREACH Event Poster Orange RESOURCE RECOVERY CYCLE r.J r The treated water is sent to the L Groundwater Replenishment System for further treatment and then pumped into underground Your wastewater goes to aquifers to increase the local your city sewer and then drinking water supply. comes to OCSD. Wastewater Treatment Process Biogas produced by the digesters generate over The Biosolids are now 60%of OCSD's energy ready to be recycled needs. and used as nutrient- rich fertilizer. Biodegradable materials fir%�xirrr� treated by the digesters are °� now called"Biosolids"which yields methane gas which is OCSEWERS. converted to electricity. J off: ,Ec ChB iXE Visit us at�w.00SD.com Poster 20 OUTREACH Recruitment W M _ Z:- 7 OF ENGINEERING Orange County Sanitation District -� y r Brochure ENVIRONMENTAL SERVICES Orange County Sanitation District Brochure 21 OUTREACH Other _ Omm SANITATIONORANGE COUNTY Our Mission "I cm—p,bi,,health and the by proafirg Want to learn about the work we do? - Postcard VlSITUSFORATOUR. _ Sign up now at www.ocsd.com/tours - — Construction Updates Stay Connected 714.378.2965 In y ° 1 • 1 Oedd Ellis Avenue,Founitin Vall,CA 92108 l 714 9822011 1 w.wu.ocstl.com * ORANGE COUNTY � SANITATION DISTRICT GUIDING PRIORITIES Brochure • Seek funds for OCSD projects through grants,appropriations,or other means; • Maintain local control over governance of special districts and other local entities; • Oppose redundant regulatory requirements; • Support legislative regulatory streamlining that promotes public health and the environment. 9113 n O @OCSewers STATE 10844 Ellis Avenue,Fountain Valley,CA 92708,www.ocsd.com ecure funding for infrastructure,collection improvements oup�a nd renewable energy at the Fountain Valley Plant No.1 and County untington Beach Plant No.2. Orange Sanitation District ORANGE COUNTY SANITATION DISTRICT Support legislation or regulations that restrict the use of Careers in Resource Recovery microplastics or wipes and the disposal into the sewer MAKE A CHANGE ark with legislators to ensure that unrealistic regulations re not placed on wastewater treatment facilities. JOIN THE IPRIORITIES FEDERAL KEY MESSAGE I dvocate for federal water infrastructure funding O C S D TEAM ncluding State Revolving Fund and the Water Infrastructure in provements for the Nation(WIN)Act. r r •r r r •Check out ourjob openings ork with the Administration and Congress to advance r r r r •Sign u for job alerts — - ermitting processes including 10-year National Pollutant g p Discharge Elimination System(NPDES)permits. Leg is I a t i v e C a r d Promote restoration of federal deductibility of state and local tax payments and oppose elimination or restriction on the use or availability of tax-exempt financing for public infrastructure. B u s i n e s s Card 22 S P E C I A L E V E N T S SPECIAL EVENTS Honor Walk / 1 ' ORANGE COUNTY SANITATION DISTRICT Please join us on Wednesday,May 22,2019 4 P.m. Plant No.1 Administration Building to honor this year's Honor Walk Inductees: Chris CeY ellone Engineeringsupnvisar Ingrid Chris Ingrid Hell6raad Hellebrand Cervellone SmiorAnalyst Light,&ohmentr willbe served. Invitation Poster e��nes�re�r ✓a�22,2019 4Lb.ur. ingndHeRrb...d P WELCOME&INTRODUCTIONS James D.Herberg G-,A Manager DavidJohnSh— Board Cha'nman J. wirhers Board Vice Chairman REcoLLEc ims OF OUR Horvo S Di.—K dos for Honoree Ingrid He&brand ORANGE COUNTY SANITATION DISTRICT Dcan Fisher 9T/�a�.(�/�,/�(, for Honoree Chris Cervellone /(0 wh // UN_rN. E—aEKS /JVl/I/, /N/K/f//� CLOSING REMARKS James D.Herberg Geneal Manager REFRESHMENT$WILL BE SERVED FOIdQWING THE CEREMONY 16 Brochure Program 24 SPECIAL EVENTS State of the District ORANGECOUNTY SANITATION ORANGE COUNTY SANITATION DISTRICT of State of the STATEthe District Breakfast DISTRICT Friday, October 19,2018 �. 8 a.m.-10 a.m. p r Join our Board of Directors and a a General Manager as we discuss our accomplishments and exciting advances. Mile Square ~ Golf Course Clubhouse 10401 Warner Avenue Fountain Valley,CA 92708 For questions,email: forinformation@ocsd.com Invitation Podium Sign osaxoe T STATE OF THE DISIC RT PROGRAM r Friday,Oetober 11,1018 ' � m cnanman, gory 5eeourn,eaa o g oumy 5anidnan olanin �'�J~�" eoem cnanman, gory Geseeoum,ers 1 Generm m g amen a x erg a iorareeac raew aware..row,n.»a xo.r is Sao Program 25 IN T E R N A L P R O J E C T S INTERNAL PROJECTS Employee Communications line IMP SOURCE FOP=13 NEWS NND INFDPMATIDN A T �'�REALIGHIN6`� - ®. FOR THE FUTURE , , Asset ManagemefftProgram �• 1111 rfi Thanking our ' Date! Veterans ILuncheons We would like to thank all of our OCSD employees and retirees who have or are currently serving our great nation. This month,we will have a poster out in the Lobby of Plant No.I and Plant No.2 with photos of our employees in the service.Make sure you check it out! day. - E m p l o y e e B i - M o n t h l y clever cos.,K",.ecacloK What Works Best in Today',Dynamic World Ne w s l e t t e r November 1 z:ao p.m.-z:zo p p.m. WhZ Plant No Operations Center Training Room In this in ,ive session,participants will learn what it takes W communicate eiaahnaly and confdently in Wday's dynamic world. P2 night ahift'YO'"rati.re Center Kitchen The preservation covers; • What makes the greaten impression during a Did you know ? • The powe,of non-verbal cues; What your eye contaot is telling others a bout you; Pouring fats,oils and grease and how it impacts those around you; (FOG)down your drain • And morel can lead to lead and rne*Please register through Cornerstone.. "�..✓ r spills.yourkitchen train is generally only an inch and a halt in diameter Dates to Rememberand can be easily clogged by g.e and other solid food waste that goes dawn the sink or waste disposal.,it.Please remember during this holiday season,the drain is not a dumpl Share the message. Plevre be sure tv obtain su0ervisor vpproval(or all evenh and Prerentativne during work hours. Monthly Bulletin 28 INTERNAL PROJECTS Employee Event - VIP Luncheon �a � 0 L��ITIVE PR In .. of your commitment to community outreach and education by participating in the Volunteer Incentive ProgramO c 7 Gg BOUNTY SPN f' Certificate �Jk p Chocolate Bar Wrapper 29 INTERNAL A PROJECTS Employee Event Harvest LIGHTS • ' uGHTS, •' CAMERP� •' Halloween event. ,�. ,-�- Come dressed as your favorite movie �e � � -4 � ; V:. Wednesday, October 31 � �.� I�� 11:30 a.m.-1 p.m. J �+•` " Plant No.1,HR Parking Lot *Department dE Individual Costume Contest � �� r *Food,Fun and Relay Race � .\ f� �� � Visi[MyOCSD for more details m � TableBackdrop LIGHTS, • r• \ /// •••ram' �' .. i - • Banner 30 INTERNAL PROJECTS Employee Event - Holiday Luncheon si 'jNpPPY r7 G �. LUNCHEONS When i Monday,December 10 7 p.m.-P1 frontside night shift 1 8:30 p.m.-P2 frontside night shift 1 t Tuesday,December 11 t /• 11:30 a.m.to 1 p.m.-P1 day shift Thursday,December 13 11:30 a.m.to 1 p.m.-P2 day shift 7 p.m.-P1 backside night shift 8:30 p.m.-P2 backside night shift Where P1 day shift-Board Room,Admin.Conference Rooms P1 night shift-Control Center P2 day shift-Warehouse P2 night shift-Operations Center Kitchen ✓;rc Table Tent Backdrop S i g n a g e 31 INTERNAL PROJECTS Safety Contest n D M ENTER THE 2010 A 'WHAT SARETY MEAN TOME!" EA INE CALENDAR ART CONTEST I A Showcase different ways to be safe A at home,work and school. Twelve students will receive a certificate of appreciation and have their artwork featured in the 2019"What Safety Means To Me"calendar. Four Grand Prizes:Winners will receive a $ 100 Visa®Gift Card and will be honored at an awards presentation during the October Board Meeting. WHAT Flyer SAFETY Calendar2019 MEANS TO ME V" ff ff ff ff ff I Calendar 32 INTERNAL PROJECTS History Wall Redesign We're an Mportan' of Orange ,. es PRESENT ANDFUTURE , �1 d Wall Display The New Millennium im wo 33 INTERNAL PROJECTS VIP Logo Redesign ���NcENr��FA 0 1 � rY,s 0��� \1.1cENrjVFA \NcENrjVFA 1 1 1 1 o � o TY SANaO"'� TY SANa0\0 Logos 34 INTERNAL PROJECTS Sha rePoi nt Red esig ns EMPLOYEE — V�_UNTEER INCENTIVE PROGRAM RECOGNITION `�� .�,nnQ 1 2 Volunteer Core Service Employee Safety Incentive Awards Awards Wellness Recognition IOEA Honor � <„��,�, _ Program Program Program Program Program Program Walk --•-• ProgramsPage UtYYNUUI , w��..a P w.i It len.'!on VI VIP .... .., ...., _.._., ......_.... POINTS CORE AWARDS PROGRAM veryeee ' ' • To acknowledge ezempiary aaompiisnments by an individual andlor teem ICore Award Prize Drawings VICE AW P R I G N �� ■ �M�.�.�,�:.�:n..�u.=.;:..:,���,:��.M1�.: Porpaa Wbaiselipible? Serrce Awards recognise emplcyecs fa Cher All OCSD employees are eligible except comrr>nrtgnt and dediption to OCSD fnr interns For EMT, Managers, and Supervisors only miiestoneyesrsofservice(eg.five•teM1f�flean� REQUEST How It works? cM,•+wlwlacwanc.n,�rautimnuawnrom+wtr.ncw".o.m.we.cs.an«ovm..c,wwcu�a.�.*aw..y PROGRAM xr,n<,anccsa 1wr..Prawrn.een•e v..M v<rKw,�en- ^.ww.e.,ry mr.•+. .nsm+<nr�un INFORMATION A N AWARD ...w.vo.Moonyaw.rorww+ea.wlm.wasa�,a.e�a.awroroo-o.wa,waa�«roo,«sn•>.�. BerWee Itwerds include: -e,nc.c n,e...nr..«r,n.sekan.n.eoowaewra•.•n ern,�r.e..ra.a.w awa v,w.n a»me. Core Awards • -a•.mrm� nme, w,...-o Tw m.:m�:�.an„o�xn.e,.u..�• wa.nww•ca�. Awards Page INTERNAL PROJECTS Sha rePoi nt Red esig Ins EMPLOYEE WELLNESS PROGRAM SAFETY RECOGNITION PROGRAM Haw tl worksp Who is ebgihle7 "On the SDOI" Individual Recopnilion TYPES OF WELLNESS ACTIVITIES ,ems �t w.�,oma�a.am«m+a'.v.mmm moem _ _ ___ _____ - _ __ __ _ •..o.a++m.a�amuaw� wk.+armamww.rr.m.�a .���mmm..o...moma.ammo✓ BfOq Rtl�NtlM -vd+.m.mmo,.mmhmimm..mro. oawmaaawy.ma w.a.amosr.wu.. -aaa asam.mm.aenwm«r..m.wva •o...acq v+marsamwmmrw. wm.m MOmV. C mn MY •widpmm'wpmma+y'bmn4V..go.�em •wsm�Hf/m.a mmy aWemw.a:wr Health Education Wellness Events '�'vdm1p°'� "'10Y`°be����� •s...a-.s�eemmmnmmm.w m ww r+v�oen-wreaanvawmwr.•aw.m. .-_t._.r n•'+r.aavw�r.ya.n m.rs Onsde CYms Walkmq PatA P O L I C Y O N S I T E O N L I N E INr�N1011BtdM _ ._ Employee • O Safety - • • iti on • • - Pwpp Tne IDEA Qncenuves for p6tnct Empkyee"Ach�evemenls) Program promotes enhancements to procedures,working `ondrtion5.aM prxiKes HONOR W A L K MONOPurpose ,, �,,�wmk is desgned to recogn¢e runner emokryees and ooard members wno nave mode dstinct and sgrvlcant IDEA conrUousons to OCSD GUIDELINES PAST NOMINEES APPLICATION SAMPLE • - CLICK HERE TO VIEW HONOR WALK CEREMONY PHOTOS HONOR WALK HONOR WALK BROCHURE NOMINATION FORM Honor Walk ' . • - INTERNAL PROJECTS S i g n a g e "F,aintenance Vision To develop and implement maintenance strategies for civil, mechanical, electrical, instrumentation and control system assets to maximize asset life cycle with the lowest risk of process failure at the lowest cost. Maintenance Sign 37 INTERNAL PROJECTS Open Enrollment ffig Postcard Banner 38 BENEFITS OPEN � ENROLLMENT .�" �" IS HERE! ENROLL! 2019 BENEFIT PEN ENR CEMENT REA SET, ENROLL! OCTOBER 1 -15, 2018 WORKSTATION INTERNAL PROJECTS ERGONOMICS 3 © / TIPS 1, Award �-�,_ ebb nwtn�na�YMYA nMbq • t Mlbtl.Y.b�e • 9 Am.Ma..ndbebeery �I�• � t�fib...m.ob.4stlW� yf �I �CWE AWARDS APP�ATION- Community Engagement and Outreach:Project of the Year OCSDTour Program Orange County M-MENTOR OR M-MFNTFF Sanitation District i MAKF A CHOICE, MAKE AN/MRACT Application BR A N D ING BRAN DI NG 65th Anniversary Logo ice,■ fi�1�v■��Z� ��rts ®em�i � PowerPoint Template 42 BRANDING 65th Anniversary d ti S f �l � I ioro Street Pole Banner �►����°�t' 6,5 years o(ImE an-o Bag 43 BRANDING 65th Anniversary OP��ATIpN� Ot NTl� 4 P2 Window Display t<ti "ELEF IN( Ij zi ' r V I- ORANGE :OUNTY ,ANITATIOh�DISTRICT P1 Window Display 44 REP O R T S RE PO R T S ORANGE COUNTY SANITATION DISTRICT A SENSE OF PURPOSE 7'. L- sot 1 , y o NtV SANITq TTO 2 5o cT NX iXE ENX�0� P Annual Report 46 _ �,�� ��•1► ���Ir,/�1�/A/ �SgSP1'T '1N3ya�,�'�/ &I'1�i�M�i�/�/ Y� �...h.....4j/���/�/I��I����I CL LU Al LU —77 LU i, • ii�,lai� 0 14 v D cm al- H • co cm z - _ I1� cr O � O 0. co w �I I t_ ADOPTED e:. �'- JUNE26, 2019 Orange County Sanitation District,California �,� sj ORANGE COUNTY SANITATION DISTRICT TH.E �FUTURE Capital Improvement Program s Cl ' Annual Report NONE R E P 0 R T S MEN ■.■■ .�� � � � �C.4'! • "P�� �+� ail,' +S�i�. 14 SAW Financial I �1 . Orange County Sanitation District Comprehensive Annual _ �-�- Financial Report �— for the year ended June 30, 2018 Orange County,California Report CoverDesign 50 Orange County Sanitation District First Quarter Financial Report for the period ended September 30,2018 THE Financial \ • '� � �� f \� 1 •� Orange County,California � � t Report CoverDesign 1 1 \ r l ORANGE COUNTY SANITATION DISTRICT Mid-Year � _ Financial Re ort p for the period ended December 31,2018 Orange County,California Financial Report CoverDesign Ili y NONE R E P 0 R T S MEN No ORANGE COUNTY SANITATION DISTRICT Third Quarter �YSAh � Financial Report for the period ended March 31, 2019 Orange County,California Financial Report Cover - • e, s! • e. CALENDAR YEAR 2019 � ��� Investment ADOPTED DECEMBER 19, 2018 _ _ l is l•"si 1 rn�`a Y91 A1l�# irn.vw 7 Orange County Sanitation District = Policy CoverDesign RE PO R T S ORANGE COUNTY • Personnel Policies Procedures Manual �3 1, 1 4��NtV SAW Troy � 9 9orFCT�NB THE EpV`e`O�a�i Policies & Procedures Cover Design 55 2017-18 nnua a ort RESOURCE PROTECTION DIVISION ` �1 `` PRETREATMENT PROGRAM W-w ._ rL V. + , ► _ i AM IT, range County Sanitation District - Res • u rce P rotecti • n Re • • rt C ove r Des i • s �r r Y . - -- s ntySa ti� Desi . ORANGE ,, _, , , Board of Q� rector Prepared by Board Services c i r _ 9 _ a �► Desi . Go�\N y SANlTgT/0 c o FCT�N �E Public Affairs Division 10844 Ellis Avenue Fountain Valley, CA 92708 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 STEERING COMMITTEE (714)5937433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-692 Agenda Date: 10/23/2019 Agenda Item No: 10. FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: COOPERATIVE PROCUREMENT AGREEMENTS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Authorize the purchasing of information technology products, services, and solutions utilizing Cooperative Procurement Agreements (CPA) from U.S. General Services Administration (GSA) IT Schedule 70, National Association of State Procurement Officials ValuePoint Cooperative Purchasing Organization, and OMNIA Partners, Public Sector (formerly U.S. Communities) for the period January 1, 2020 through December 31, 2020 for a total amount not to exceed $2,000,000, in accordance with Ordinance No. OCSD-52, Section 2.03(B) Cooperative Purchases, with two (2) one-year renewal options. BACKGROUND The Orange County Sanitation District (Sanitation District) desires to utilize the CPA as providers of technology products, services, and solutions. The CPA are needed to provide technology solutions based on competitive contract pricing, breadth of product offerings, availability, and the ease of using online ordering systems. Large capital items will be procured through the bidding process and all purchases continue to follow the existing approval and procurement processes in accordance with Purchasing Ordinance No. OCSD-52. These cooperatives provide deep discounts not normally available through the Sanitation District's bid process. To properly maintain and provide solutions to the Sanitation District's facilities, the Information Technology (IT) division has a need to purchase technology products, services, and solutions. Such item requirements have been forecasted based upon projected obsolete equipment, historical product failure rates, and new items to address general capacity, redundancy, or security. Since technology changes frequently, it is not appropriate to stock these items in the Sanitation District's warehouses. IT currently uses vendors providing technology items and recurring maintenance support and services using U.S. General Services Administration (GSA) IT Schedule 70, National Association of State Procurement Officials ValuePoint Cooperative Purchasing Organization, and OMNIA Partners, Public Sector. Purchases include: Orange County Sanitation District Page 1 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-692 Agenda Date: 10/23/2019 Agenda Item No: 10. • Networking and telephony equipment • Servers and desktop computers • Data storage and backup appliances • Software licenses and maintenance agreements • Consulting services • Disaster recovery and cyber security solutions • Printers, scanners, and monitors • Computer peripherals • Uninterruptible power supply components Example OMNIA Partners, Public Sector contracts include: • Insight Public Sector Contract: Technology Products, Services and Solutions - Contract Number: 4400006644, Lead Agency: County of Fairfax, Virginia • Graybar Telecommunications Contract: Telecommunication Supplies - Contract Number: MA- IS-1540125, Lead Agency: County of Los Angeles, California • DLT Solutions Contract: Oracle Products, Services and Solutions - Contract Number: 13120, Lead Agency: Maricopa County, AZ Example U.S. General Services Administration (GSA) IT Schedule 70 contracts include: • Nth Generation Contract - Computer Equipment, Peripherals & Related Services: Promark - Contract No. GS-35F-303DA, Lead State: Maryland • PCMG Contract - Computer Equipment, Peripherals & Related Services - Contract No. GS- 35F-681 GA, Lead State: Virginia • Cority Contract - Computer Equipment, Peripherals & Related Services - Contract No. GS-35F -0032U, Lead Country: Canada Example NASPO ValuePoint contracts include: • Hewlett Packard Enterprise: Computer Equipment, Peripherals & Related Services - Master Agreement No. MNNVP-134, Lead State: Minnesota • HP, Inc.: Computer Equipment, Peripherals & Related Services - Master Agreement No. MNNVP-133, Lead State: Minnesota • Nimble Storage, Inc.: Computer Equipment: Storage including Related Peripherals & Services - Master Agreement No. MNWNC-122, Lead State: Minnesota RELEVANT STANDARDS • Ensure the public's money is wisely spent • Participate in local, state, and national cooperative purchasing programs • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard Orange County Sanitation District Page 2 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-692 Agenda Date: 10/23/2019 Agenda Item No: 10. PROBLEM The procurement process for information technology items and services for the Sanitation District involves many efforts and associated costs. IT and Purchasing work diligently to find ways to streamline the procurement process while minimizing cost concomitant of the procurement of technology items. PROPOSED SOLUTION The Sanitation District's purchasing power is limited, therefore, utilizing other large agencies' cooperative agreement(s) who have completed a vetted procurement process is a viable and economical solution. TIMING CONCERNS Maintenance and deployment of new systems and solutions is imperative for continued support of plant operations and maintenance initiatives without delay. RAMIFICATIONS OF NOT TAKING ACTION Risk of being unable to maintain/deploy or delay IT projects supporting plant operations and maintenance. Increased cost related to the procurement of technology items. PRIOR COMMITTEE/BOARD ACTIONS February 2017 - Board approval authorizing the purchase of information technology products, services, and solutions utilizing the U.S. Communities Government Purchasing Alliance and National Association of State Procurement Officials ValuePoint Cooperative Purchasing Organization (NASPO ValuePoint) for the period of March 1, 2017 through February 29, 2020, in accordance with Ordinance No. OCSD-47, Section 2.03(B) Cooperative Purchases. May 2016 - Board approval authorizing the purchase of information technology hardware, software, services, and licensing & maintenance agreements using the U.S. General Services Agreement (GSA) IT Schedule 70 through the contract expiration date, December 31, 2019, in accordance with Ordinance No. OCSD-47, Section 2.03(B) Cooperative Purchases. April 2016 - Board approval authorizing purchases of information technology products, services, and solutions using the County of Fairfax, Virginia contract number#440000664 through April 30, 2019. October 2015 - Board approval of Cooperative procurement with Admin Minnesota Materials Management Division (WSCA/NASPO-HP). November 2014 - Board approval of Cooperative procurement (WSCA/NASPO-Cisco). ADDITIONAL INFORMATION The State of California Procurement Division (PD) is the central purchasing authority for all State departments and local government agencies. With a massive marketplace and billions of dollars in Orange County Sanitation District Page 3 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-692 Agenda Date: 10/23/2019 Agenda Item No: 10. purchasing power, they can offer a lower procurement cost to California's State, county, city, special district, education, and other government entities through their Leveraged Procurement Agreements (LPAs). LPAs allow entities/agencies to buy directly from suppliers through existing contracts and agreements. LPAs offered by the State to California governmental agencies include the OMNIA Partners, Public Sector and National Association of State Procurement Officials (NASPO) ValuePoint for technology products, equipment and technology services, and solutions. Upon utilization of each contract under these LPAs, Sanitation District staff verifies competitiveness of pricing based upon volume purchasing through these cooperatives. OMNIA Partners, Public Sector is the nation's largest and most experienced cooperative purchasing organization for the public sector that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide. All cooperative contracts available through OMNIA Partners are competitively solicitated and publicly awarded by a lead agency using applicable procurement laws and regulations. The NASPO ValuePoint Cooperative Purchasing Organization (formerly WSCA-NASPO) provides the highest standard of excellence in public cooperative contracting. The organization leverages the leadership and expertise of all states with the purchasing power of their public entities, NASPO ValuePoint delivers best value, reliable, competitively sourced contracts. Since 1993, NASPO ValuePoint has been the cooperative purchasing arm of NASPO, encouraging, fostering, and guiding the nation's most significant public contract cooperative. NASPO ValuePoint is a unified, nationally focused cooperative aggregating the demand of all 50 states, the District of Columbia, and the organized US territories, their political subdivisions, and other eligible entities spurring best value, innovation, and competition in the marketplace. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (FY2018-19 and FY2019-20 Budget, Section 6, Page 36, Line item: Professional & Contractual Services and Repairs & Maintenance FY2018-19 and FY2019-20 Budget, Section 8, Page 48, Information Technology Capital Program (M-MC-IT)). ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Orange County Sanitation District Page 4 of 4 Printed on 10/16/2019 powered by LegistarTM OJNZV SAN'TAT2 Orange Count Sanitation District Administration Building a g y 10844 Ellis Avenue P Fountain Valley,CA 92708 STEERING COMMITTEE (714)593-7433 9olFCTNG THE ENV\e`O�g�? Agenda Report File #: 2019-693 Agenda Date: 10/23/2019 Agenda Item No: 11. FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources SUBJECT: CONTRACT SECURITY SERVICES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: A. Approve a Service Contract for Allied Universal to provide security services, Specification No. S-2019-1079BD, for a total annual amount not to exceed $1,588,195 for a one-year period beginning December 1, 2019 through November 30, 2020, with up to four (4) one-year renewal options; and B. Approve an annual contingency of$158,819 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) utilizes a third-party security services firm to provide security services at both treatment plants including the Administration Building, Mount Langley property, and outlying pump stations. These services are intended to minimize risk and to protect people, infrastructure, and operations against threats of injury and loss or damage by criminal, hostile, or malignant acts. In September 2016, the Board of Directors approved a one-year contract with Securitas Security Services, USA for Contract Security Services with four one-year renewal options. The contract has been renewed twice, with the second renewal period set to expire on October 31, 2019. In anticipation of the expiration of the current contract, staff issued a request for proposals (RFP) for prospective security firms in June 2019 and has exercised a portion of the remaining renewal option with Securitas through December 31, 2019. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Commitment to safety & reducing risk in all operations • Provide a safe and collegial workplace Orange County Sanitation District Page 1 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-693 Agenda Date: 10/23/2019 Agenda Item No: 11. PROBLEM The Sanitation District relies on contract security services at all of our properties. The current contract with Securitas Security Services, USA expires on October 31, 2019 and staff has decided not to exercise the final renewal option. PROPOSED SOLUTION Advertise a RFP to get competitive proposals from prospective security firms and award a contract to the top ranked firm to ensure that the Sanitation District is receiving the required level of security services at a competitive price. TIMING CONCERNS The existing security services contract period expires on October 31, 2019. In order to have an orderly transition, staff has exercised a portion of the remaining contract renewal options through December 31, 2019. Board approval of the new contract with Allied Universal, with a start date of December 1, 2019, is recommended to ensure sufficient time for mobilization and handover of responsibilities to the new firm. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would need to extend the current contract with Securitas Security Services, USA, as the Sanitation District does not have the personnel or expertise to provide the necessary security services. PRIOR COMMITTEE/BOARD ACTIONS September 2016 - Board Approved Specification No. S-2016-775BD for a one (1) year plant security services contract with up to four (4) one-year renewals with Securitas Security Services, USA. ADDITIONAL INFORMATION Scope of Security Services: Contract security guards are primarily responsible for controlling access to Sanitation District facilities. Additionally, security assists in securing property and critical infrastructure, and ensuring the safety of our employees, visitors, and contractors. Access control includes validating employees' access, processing and validating visitors and contractors, and operating and/or monitoring security cameras. Security also reports crimes to law enforcement and reports incidents to Plant Operations and Risk Management for further action and follow up. Consequently, the Sanitation District relies heavily on contract security guards to be the "eyes and ears" while staff focuses on core business and accomplishing the mission. The new service contract will expand the Scope of Work (SOW) for contracted security services to include one additional armed security officer position at each of the three (3) Sanitation District contractor's gates. Orange County Sanitation District Page 2 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-693 Agenda Date: 10/23/2019 Agenda Item No: 11. Firm Selection: The Sanitation District requested and advertised for proposals for Security Services Contract on June 7, 2019. The following evaluation criteria were described in the request for proposals and used to determine the most qualified firm. CRITERION WEIGHT Qualifications of Firm 20% Staffing and Project Organization 20% Work Plan 30% Cost 20% Presentation 10% Thirteen (13) proposals were received on July 16, 2019 and evaluated in accordance with the evaluation process set forth in Ordinance No. OCSD-52. On July 3, 2019, the Sanitation District released Addendum #1 (Notice to Proposers) to Appendix A (Scope of Work/Technical Specifications). The Sanitation District provided four (4) separate clarifications and changes to the Scope of Work and provided a written response to ninety-three (93) questions that where submitted by the prospective proposers. The pre-selected evaluation team from the Sanitation District consisted of the following individuals: Human Resources & Risk Manager Safety & Health Supervisor Chief Plant Operator Security & Emergency Planning Specialist Evaluation: The Evaluation criteria, (qualifications, staffing and project organization, and work plan) were used to score and rank the thirteen (13) proposals submitted on July 16, 2019. All proposals were accompanied by a sealed cost proposal, none of which were opened until all proposals were evaluated. The following table indicates the weighted score and rankings among the submitted proposals: RANK PROPOSER WEIGHTED SCORE (Points) & RANKING 1 Allied Universal 590.00 2 Securitas Security Services, USA 518.75 3 Absolute Security International Inc. 506.25 4 Project 7 Security Group 456.25 5 American Guard Services Inc. 422.50 6 Command Security Company 418.75 7 Power Security Group Inc. 360.00 8 Select Patrol Agency Inc. 347.50 Orange County Sanitation District Page 3 of 4 Printed on 10/16/2019 powered by LegistarTM File #: 2019-693 Agenda Date: 10/23/2019 Agenda Item No: 11. 9 DSI Security Services 345.00 10 Contact Security Services 342.50 11 Alltech Industries Inc. 341.25 12 Servexo Protective Services 320.00 13 jPicore Beristain Initiative Inc. 221.25 Following scoring by the evaluation team, the three (3) highest ranking firms (Allied Universal; Securitas Security Services, USA; and Absolute Security International Inc.) were selected for interviews. The interviews were conducted on August 27, 2019. Following the interview, each member of the evaluation team ranked the firms based on both the proposals and interviews using the evaluation criteria and weighting described above. In this request for proposal process, cost is a weighted factor and has already been included. This process is different from the professional design services contract where cost is not included. Based on the ranking shown below, Allied Universal was selected as the most qualified firm. RANK PROPOSER WEIGHTED SCORE (Points) & RANKING 1 Allied Universal 854.74 2 Securitas Security Services, USA 778.75 3 jAbsolute Security International Inc. 704.03 The Sanitation District's current budget for security services is $1.6 million dollars. The total estimated annual cost for security services submitted by Allied Universal for Specification No. S-2019 -1079BD was $1,588,195. The Sanitation District will see a budget cost savings of approximately $11,800, which will include the expanded SOW for security services through FY19-20 with up to four (4) one-year renewals. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted. (Line item: Section 4, Page 9). Date of Approval Contract Amount Contingency 10/23/2019 $1,588,195 $158,819 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Allied Universal Service Contract Orange County Sanitation District Page 4 of 4 Printed on 10/16/2019 powered by LegistarT" SERVICE CONTRACT Security Services Specification No. S-2019-1079BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and Allied Universal Security Services with a principal place of business at 1551 N. Tustin Ave, Suite 650, Santa Ana, CA 92705 (hereinafter referred to as "Contractor") collectively referred to as the "Parties". WITNESSETH WHEREAS, OCSD desires to temporarily retain the services of Contractor for Security Services "Services" as described in Exhibit "A"; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-52; and WHEREAS, on October 23, 2019, the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit "A". 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit "A" Scope of Work Al. Scope of Work A2. Addendum #1 Exhibit "B" Proposal B1. Contractor's Proposal — Letter of Offer dated July 16, 2019 B2. Contractor's Proposal —Security Program for OCSD dated July 16, 2019 B3. Contractor's Best and Final offer dated September 13, 2019 Exhibit "C" Acknowledgement of Insurance Requirements Exhibit "M OCSD Safety Standards Exhibit "E" Not Used Exhibit "F" Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. Orange County Sanitation District 1 of 9 Specification No. S-2019-1079BD Version 120518 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof. 1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise noted as business days. 1.7 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term "hours", when used in this Contract, shall be as defined in Exhibit "A". 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under "Compensation" below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD. 2. Compensation Compensation to be paid by OCSD to Contractor for the Services provided under this Contract shall be a total amount not exceed one million five hundred eighty eight thousand one hundred ninety five Dollars ($1,558,195.00). 3. California Department of Industrial Relations(DIR)Registration and Record of Wages 3.1 To the extent Contractor's employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non- compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 4. Payments and Invoicing 4.1 Contractor shall be paid monthly by OCSD upon approval of invoices by OCSD's Project Manager or designee, for Services rendered as required in Exhibit "A". OCSD, at its sole Orange County Sanitation District 2 of 9 Specification No. S-2019-1079BD Version 120518 discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff(a-)-OCSD.com and "INVOICE" with the Purchase Order Number and Specification No. S-2019-1079BD shall be referenced in the subject line. 5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit "A". Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Agreement shall be for the period of one (1) year commencing on December 1, 2019 and continuing through November 30, 2020. 9. Renewals 9.1 OCSD may exercise the option to renew this Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit "A", under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OCSD Purchase Order. 10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. 11. Performance Time is of the essence in the performance of the provisions hereof. 12. Termination 12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee)to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract. Orange County Sanitation District 3 of 9 Specification No. S-2019-1079BD Version 120518 12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor: ■ if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or ■ if Contractor sells its business; or ■ if Contractor breaches any of the terms of this Contract; or ■ if total amount of compensation exceeds the amount authorized under this Contract. 12.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first. 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a)for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. 15. OCSD Safety Standards OCSD requires Contractor and its subcontractor(s)to follow and ensure their employees follow all Federal, State, and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Contract it is discovered that OCSD Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Contractor and all of its employees and subcontractors, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit "D" and the Human Resources Policies (Exhibit "F"). Orange County Sanitation District 4 of 9 Specification No. S-2019-1079BD Version 120518 16. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance by the OCSD Project Manager or designee of the work as complete. 16.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit "A", OCSD informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense. 17. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract. 18. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until written instructions are received from OCSD. 20. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2. 21. Licenses, Permits, Ordinances and Re_gulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 22. Applicable Laws and Re_gulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 23. Contractor's Employees Compensation 23.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis- Orange County Sanitation District 5 of 9 Specification No. S-2019-1079BD Version 120518 Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by Federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. 23.2 General Prevailing Rate — OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 23.3 Forfeiture For Violation—Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 23.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty(20)working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 23.5 Workday—In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the Contractor shall not require more than eight(8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 23.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project Orange County Sanitation District 6 of 9 Specification No. S-2019-1079BD Version 120518 payments per the requirements of Section 1776. 24. South Coast Air Quality Management District's (SCAQMD) Requirements It is Contractor's responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof. 26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD's rights to seek remedies available to it for any subsequent breach. 27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to "cover" as described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2)arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. Orange County Sanitation District 7 of 9 Specification No. S-2019-1079BD Version 120518 29. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid,the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 32. Dama_ge to OCSD's Property Any of OCSD's property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD. 34. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OCSD's employees. 35. Limitations upon Subcontractin_p and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 36. Third PartyRi_phts Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor. 37. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract. 39. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 8 of 9 Specification No. S-2019-1079BD Version 120518 41. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Darius Ghazi Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Steve Claton Southwest Regional President Company Name Street Address City, State, Zip Code Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: By: David John Shawver Chair, Board of Directors Dated: By: Kelly A. Lore Clerk of the Board Dated: By: Ruth Zintzun Purchasing and Contracts Manager COMPANY Dated: By: Print Name and Title of Officer IRS Employer's I.D. Number Orange County Sanitation District 9 of 9 Specification No. S-2019-1079BD Version 120518 OJN1V SAN'T4 T/2 Orange Count Sanitation District Administration Building a g y 10844 Ellis Avenue P Fountain Valley,CA 92708 BOARD OF DIRECTORS (714)593-7433 9orFCTNG THE ENV\e`O�g�2 Agenda Report File #: 2019-694 Agenda Date: 10/23/2019 Agenda Item No: CS-1 FROM: James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Significant exposure to litigation: Claim of James Chavez BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Memorandum from General Counsel Orange County Sanitation District Page 1 of 1 Printed on 10/16/2019 powered by LegistarTM RITA WOODRUFF, SPRADLIN&SMART 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: October 16, 2019 RE: Closed Session Items The Board of Directors desires to hold a closed session on October 23, 2019 for the purpose of conferring with its legal counsel regarding anticipated litigation. Existing facts and circumstances reflect a significant exposure to litigation against the District. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(2). The facts and circumstances are as follows: on June 7, 2019, the District received a claim for damages from James Michael Chavez, a former employee. Respectfully submitted, By Bradlo R. Hogin, eneral Counsel 1434474.1 OJN1V SAN'T4 T/2 Orange Count Sanitation District Administration Building a g y 10844 Ellis Avenue P Fountain Valley,CA 92708 BOARD OF DIRECTORS (714)593-7433 9orFCTNG THE ENV\e`O�g�2 Agenda Report File #: 2019-685 Agenda Date: 10/23/2019 Agenda Item No: CS-2 FROM: James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange, Case No. 30-2019- 01100180-CU-WT-CJC. BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: 0 Memorandum from General Counsel Orange County Sanitation District Page 1 of 1 Printed on 10/16/2019 powered by LegistarTM RITA WOODRUFF, SPRADLIN&$MART 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: October 16, 2019 RE: Closed Session Items The Board of Directors desires to hold a closed session October 23, 2019 for the purpose of conferring with its legal counsel regarding existing litigation to which the District is a party. The title of the case is Jose O. Cruz v. Orange County Sanitation District Financing Corporation, a California corporation; and Does 1-50, inclusive, Superior Court of California, County of Orange, Case No. 30-2019-01100180. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted, ' A - By Bradle R. Hogin, eneral Counsel 1411290.1 oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building 5� o, g � 10844 Ellis Avenue 2 9 Fountain Valley, CA 92708 BOARD OF DIRECTORS (714)593 7433 9oTFCTN0 THE ENVQ����2 Agenda Report File #: 2019-690 Agenda Date: 10/23/2019 Agenda Item No: CS-3 FROM: James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) RECOMMENDATION: Convene in Closed Session: Number of Cases: 1 Klean Waters, Inc. v. Orange County Sanitation District, United States District Court, Central District of California, Southern Division, Case No. 8:15-cv-00627. BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS • Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Memorandum from General Counsel. Orange County Sanitation District Page 1 of 1 Printed on 10/16/2019 powered by LegistarTM RITA WOODRUFF, SPRADLIN&$MART 555 ANTON BOULEVARD, SUITE 1200 COSTA MESA, CA 92626-7670 (714)558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: October 16, 2019 RE: Closed Session Items The Board of Directors desires to hold a closed session October 23, 2019 for the purpose of conferring with its legal counsel regarding existing litigation to which the District is a party. The title of the case is Klean Waters, Inc. et. al. v. Orange County Sanitation District, United States District Court, Central District of California, Southern Division, Case No. 8:15-cv-00627. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(1). Respectfully submitted, ' A - By Bradle R. Hogin, eneral Counsel 1411290.1